City of New York Municipal Court, 1893

Snaith v. Smith

Snaith v. Smith
City of New York Municipal Court · Decided October 20, 1893 · Ehrlich
25 N.Y.S. 513; 56 N.Y. St. Rep. 524 (New York Supplement)

Counsel

Shepard & Prentiss, for appellant., W'ilmot & Sage, for respondent.

Snaith v. Smith

Opinion of the Court

EHRLICH, C. J.

This action is to foreclose a mechanic’s lien, under a building contract which, by its terms, makes the architect’s certificate conclusive evidence of the builder’s right to the final judgment. The architect gave the required certificate, and there was not evidence offered to vitiate or destroy the effect which the contract provided" it was to receive, so that by the terms of the contract, and according to the unbroken line of authorities in this state, the plaintiff’s right to recover was clearly established. We find no error in the rulings, and the judgment appealed from must be affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.