Wood v. Donaldson
New York Supreme Court
Error from the New-York common pleas. This was an action brought by Donaldson under the lien law, enacted for the security of mechanics and others erecting buildings in the city and county of New-York, Statutes, session 1830, p. 412, and the act remaining the same, Statutes, session 1832, p. 181. One Russel contracted with the Messrs.
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Error from the New-York common pleas. This was an action brought by Donaldson under the lien law, enacted for the security of mechanics and others erecting buildings in the city and county of New-York, Statutes, session 1830, p. 412, and the act remaining the same, Statutes, session 1832, p. 181. One Russel contracted with the Messrs. AVood for the erection of a building in the city of New-York, engaging to do both the mason and carpenter work. ■Russell entered into a contract with one Tingley, whereby Tingley engaged to do the mason work of the building as a sub-contractor. Tingley absconded…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The first section of the act of 1830 provides that every mechanic, workman, or other person doing any work towards the erection of any building in the city of New-York, erected under a contract in writing between the owner and builder, or other person, whether such work be peifformed as jorneyman, laborer, cartman, sub-contractor or otherwise, and whose demand has not been paid, may deliver to the owner an attested account of the amount and value of the work thus performed remaining unpaid, and thereupon such owner shall retain, out of his subsequent payment to the…
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