Hallahan v. . Herbert
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered on the report of a referee, in a proceeding to enforce a lien on lands in the city of Hew York, under the act for the better security of mechanics and others erecting buildings and furnishing materials therefor, in' the city and county of Hew York, passed July 11, 1851. (Chap. 513.) (Reported below, 11 Abb.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered on the report of a referee, in a proceeding to enforce a lien on lands in the city of Hew York, under the act for the better security of mechanics and others erecting buildings and furnishing materials therefor, in' the city and county of Hew York, passed July 11, 1851. (Chap. 513.) (Reported below, 11 Abb. Pr. [N. S.], 326.) The facts, so far as they are material to the decision of the appeal, sufficiently appear in the opinion.…
1Opinion of the Court
Lott, Ch. C.
It appears by the report of the referee, to whom it had been referred to “ hear and decide all the issues” on which the judgment herein was rendered, that one Jacob Demarest, on the 9th day of May, 1862, entered into an agreement, in writing, with the defendants Herbert and Ford, who were erecting buildings on certain lands, of which they were the equitable owners, in the city of Hew York, under a verbal contract of sale with their co-defendant, Cudlipp, who was the legal owner in fee thereof, to furnish them with all the blue stone that would be required therefor, and to perform…
2Cited by4 opinions
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- Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
- Burroughs v. FosteranNew York City Court · 1877
- Gallagher v. KarnsNew York Supreme Court · 1882