Campbell v. . Coon
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Court of Common Pleas for the city and county of New York, entered upon an order made May 7, 1894, which reversed a judgment in favor of plaintiffs entered upon the report of a referee and directed the dismissal of tne complaint as to the respondent. This action was brought to foreclose a mechanics’ lien. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Court of Common Pleas for the city and county of New York, entered upon an order made May 7, 1894, which reversed a judgment in favor of plaintiffs entered upon the report of a referee and directed the dismissal of tne complaint as to the respondent. This action was brought to foreclose a mechanics’ lien. The facts, so far as material, are stated in the opinion. The facts found by the referee support his legal conclusion that the plaintiffs are entitled to a lien for the amount of' their claim against the interest of the defendant Coon in the…
1Opinion of the CourtGray, J.
The learned judges of the General Term below j have reversed the judgment recovered by these plaintiffs in their action for the foreclosure of a mechanic’s lien and have; ordered a dismissal of the complaint, upon the ground, as we find in the opinion, that “the right to a lien pursuant to the provisions of the Mechanics’ Lien Law (Chap. 342, Laws of 1885), does not extend to contracts made and to be performed out of this state.” I think that their conclusion was erroneous and that a consideration of the case fails to disclose any ground for the reversal of the plaintiff’s judgment. It…
2Cases cited3 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Birmingham Iron Foundry v. Glen Cove Starch Manufacturing Co.New York Court of Appeals · 1879
3Cited by14 opinions
- Ocorr & Rugg Co. v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 1902
- New York Architectural Terra-Cotta Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1905
- United States-Alaska Packing Co. v. LuketaCourt of Appeals for the Ninth Circuit · 1932
- Ludlow Valve Manufacturing Co. v. Fidelity & Casualty Co.Supreme Court of Kansas · 1923
- Louis Greenberg, Inc. v. Pioneer Syndicate, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
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