Tibbits v. Phipps
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action Tby Fay E. Tibbits against Edward L’Estrange Phipps and others. From a judgment in favor of plaintiff, entered on the report of a referee, Phipps appeals.
1Opinion of the CourtCullen, J.
This action is brought to foreclose a mechanic’s lien. The first objection raised to the recovery of the judgment is that the plaintiff’s lien was not valid, because filed for a largely excessive amount. When the plaintiff had proceeded with the building so far as to reach his third payment under the contract, a dispute arose between him and the owner as to the character and details of the work. The appellant refused to make the payment, and the plaintiff refused to proceed with the building. Thereupon the plaintiff ■filed his notice of lien, wherein he stated that the labor and services were…
2Cases cited5 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Link v. . SheldonNew York Court of Appeals · 1892
- Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
- Foster v. SchneiderNew York Supreme Court · 1888
- Ringle v. Wallis Iron WorksNew York Supreme Court · 1894