Curtis v. Jones
New York Court of Appeals
On error from the supreme court, to review a decision of that court reversing a judgment of the court of common pleas of the county of Monroe. The action in the court below was replevin, for eleven double sash doors.
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On error from the supreme court, to review a decision of that court reversing a judgment of the court of common pleas of the county of Monroe. The action in the court below was replevin, for eleven double sash doors. Avowry, setting up that they were manufactured by the defendant as a carpenter and joiner; and that he detained them by virtue of his lien as a mechanic and the manufacturer thereof, as security for the payment of money due him for work and labor, &c. in manufacturing them. Plea in bar, that the doors were manufactured by the defendant for the plaintiff under and in pursuance of…
1Opinion of the CourtBeardsley, J.
The defendant justifies the detainer of the
doors under his right of lien for their manufacture. It was not denied on the argument but that this defence was well pleaded ; and the only questions made arose on the plea to this avowry. The plea sets up new matter in avoidance of the bar interposed by the avowry, as the plaintiff had a right to do. For this purpose he might show, as was attempted by this plea, that the work was done under an agreement which precluded the party from setting up a lien in his favor, or which was inconsistent with the existence of such a right. (Jones on Bailment,…
2Cases cited1 opinion
- Chandler v. BeldenNew York Supreme Court · 1820
3Cited by1 opinion
- Curtis v. JonesNew York Court of Appeals · 1847