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Bierschenk v. Dunphy

70 N.Y. St. Rep. 899 Court N.Y. Sup. Ct. Decision date 1895-12-02 English

Delivered by Dykman, J.

Contents

Majority

p. 899
Charles M. Bierschenk et al., v. John Dunphy.
Sup. Ct., 2 D.
December 2, 1895.
Wilson, Barker & Wilson (Frank Barker, of counsel), for app’lt; Henry Pressprich, for resp’ts.

— This is an appeal by the owner from a judgment in favor of the plaintiffs in an action to foreclose a mechanic's lien. The case was tried before a judge without a jury, and the findings are supported by the evidence. The record presents no error of law, and the judgment should be affirmed, with costs. Brown, J., dissents, without opinion.