Hubbell v. Schreyer
New York Court of Common Pleas
Appeal from a judgment. • Philip 0. Hubbell filed a notice of lien against the premises of John Schreyer, in the city of Hew York, for bililding materials. In his notice he stated that Ms claim was against the owner, and Thomas Holt, the contractor, upon a verbal agreement: • A subcontractor, Francis Muldoon, also filed a notice against the same premises, stating his claims to be against the owner for one "sum, and against the contractor for another sum.
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Appeal from a judgment. • Philip 0. Hubbell filed a notice of lien against the premises of John Schreyer, in the city of Hew York, for bililding materials. In his notice he stated that Ms claim was against the owner, and Thomas Holt, the contractor, upon a verbal agreement: • A subcontractor, Francis Muldoon, also filed a notice against the same premises, stating his claims to be against the owner for one "sum, and against the contractor for another sum. The issues raised by the answer of the owner were referred, upon consent, and judgment was entered on the referee’s report, from which the…
1Opinion of the Court
Daly, Ch. J.
Before passing upon the exceptions to the referee’s report, it will be necessary to consider *287a general objection as to the manner in which the report comes before us as an appellate tribunal.
It is claimed that the reference in actions brought for the enforcement of mechanic liens is, within the meaning of rule 32 of the supreme court, a reference, other than for the trial of the issues of the action, inasmuch as the amendatory lien law of 1863, Laws of 1863, p. 862, § 7, provides that the referee is to report in a summary manner as in case of claims to surplus moneys in mortgage…
2Cases cited16 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
- Spencer v. . BarnettNew York Court of Appeals · 1866
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
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3Cited by3 opinions
- Haden v. BuddensiekNew York Court of Common Pleas · 1875
- Abham v. BoydNew York Court of Common Pleas · 1874
- Burbridge v. HartNew York Court of Common Pleas · 1878