Sheffield v. Early
New York Supreme Court
Appeal from judgment on report of referee. Action by Thomas Sheffield against Edward Early and others to foreclose a mechanic’s lien. From a judgment for plaintiff, defendant Early appeals. This action is for the foreclosure of a mechanic’s lien. John J. Astor is the owner of the premises at the southwest corner of Thirteenth street and Tenth avenue, which were leased by him to Edward Early for 20 years from May 1, 1888, and the lessee entered into possession.
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Appeal from judgment on report of referee. Action by Thomas Sheffield against Edward Early and others to foreclose a mechanic’s lien. From a judgment for plaintiff, defendant Early appeals. This action is for the foreclosure of a mechanic’s lien. John J. Astor is the owner of the premises at the southwest corner of Thirteenth street and Tenth avenue, which were leased by him to Edward Early for 20 years from May 1, 1888, and the lessee entered into possession. In August, 1888, Early ■entered into a written contract with Frederick Robinson, whereby the latter agreed to erect a building on the…
1Opinion of the CourtFollett, J.
The appellant asks for a reversal of the judgment on three grounds: (1) That he is neither a necessary nor proper party defendant; (2) that, a notice of lis pendens not having been filed within one year after the filing of the lien, the action cannot be maintained; (3) that the judgment entered in form against the property is illegal, because the principal contractor, who was the debtor, has given a bond, and obtained an order discharging the lien, pursuant to the sixth subdivision of section 24 of the mechanic’s law. The condition of the bond given is “for the payment of any judgment which…
2Cases cited7 opinions
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Gibson v. . LenaneNew York Court of Appeals · 1883
- Heinlein v. MurphyNew York City Court · 1893
- People ex rel. Flynn v. ButlerNew York Supreme Court · 1881
- Highton v. DessauNew York Court of Common Pleas · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sheffield v. RobinsonNew York Supreme Court · 1894
- Stuyvesant v. WeilNew York Supreme Court · 1899
- Schillinger Fire-Proof Cement & Asphalt Co. v. ArnottNew York Supreme Court · 1895
- Lehmann v. Kingston Plaza, Inc.New York Supreme Court · 1964
- North American Contracting Co. v. 300 Broadway Realty Corp.New York Supreme Court · 1962
6 more not listed; retrieve them via the Exa API.