74 A.D. 147
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1902
Appellate Division of the Supreme Court of the State of New York · decided 1902-07-15
Appeal by the defendant, Lebbeus Harding. Rogers, Jr., as administrator, etc., of Marie C: Rogers, deceased, from an interlocutory judgment of the Supi’eme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 27th day of November, 1901, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling a demurrer to the amended complaint.
Cited by 2 later decisions — most recently April 1942
Good law ✅— No negative treatment on recordhow we know
Decided 1902-07-15
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¶1(concurring):
¶2I concur upon the ground that the action to foreclose the lien is not a cause of action on contract within the contemplation of subdivision 1 of section 484, Code of Civil Procedure.
¶3Judgment reversed, with costs, and demurrer sustained, With costs, with leave to plaintiff to amend complaint on. payment of costs in this court and in the court below.