Brinckerhoff v. Board of Education
New York Court of Common Pleas
Appeal from a judgment. This was a proceeding taken by Richard D. Brinckerhoff, plaintiff and appellant, against the Board of Education for the city and county of New York, and the school officers of the nineteenth ward, impleaded with the Mayor, &c., and others.
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Appeal from a judgment. This was a proceeding taken by Richard D. Brinckerhoff, plaintiff and appellant, against the Board of Education for the city and county of New York, and the school officers of the nineteenth ward, impleaded with the Mayor, &c., and others. The action was brought to foreclose a lien which plaintiff alleged he had acquired upon a public school house of the city, by filing a notice for materials, under the mechanics’ lien law relative to the city of New York. The contract under which the plaintiff was employed by a contractor, William Coulter, stipulated that the…
1Opinion of the Court
By the Court. Daly, F. J.
I expressed the opinion in McMahon y. Tenth Ward School Officers, &c. (12 Abb. Pr., 129), that a party who performed work towards the erection of a public school house in the city of New York, had a lien upon the building, which could be enforced under the acts for the better security of mechanics and others erecting buildings, or furnishing materials therefor, in this city (Laws of 1851, ch. 513; Laws of 1855, ch. 404). But the point was not taken in the case, nor necessarily involved, as the judgment was reversable upon other grounds. Assuming that a lien could be…
2Cases cited3 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- City of Chicago v. HasleyIllinois Supreme Court · 1861
- McMahon v. Tenth Ward School-OfficersNew York Court of Common Pleas · 1861
3Cited by4 opinions
- Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
- Board of Commissioners v. O'ConnerIndiana Supreme Court · 1882
- City of Wahoo v. ReederNebraska Supreme Court · 1889
- Leonard v. ReynoldsNew York Supreme Court · 1876