145 N.Y.S. 102 | N.Y. App. Term. | 1914
This action was brought against the defendant Cugley to foreclose an alleged mechanics’ lien filed by the plaintiff against property owned by
The fair interpretation of the language which expresses the condition of the bond is that the bond was given to secure any judgment decreeing the foreclosure of the mechanics’ lien which might be entered in the-action pending. The lien was upon the property, and upon giving the bond the obligation of the surety was to pay any judgment which may be recovered in an action to enforce the aforesaid lien. The judgment recovered was a personal judgment against the defendant and was not a judgment “ to enforce the aforesaid lien.” In order to render the appellant liable upon the undertaking, it was necessary to prove that if it had not been for the order discharging the lien upon
The judgment against the appellant is reversed, with costs, and the complaint against the appellant is dismissed, with costs.
Guy and Bijur, JJ., concur.
Judgment reversed, with costs.