Murphey-Hardy Lumber Co. v. Nicholas
Supreme Court of New Jersey
On error to the Essex County Circuit Court. The plaintiff brought suit in the Circuit Court of the county of Essex, and in his declaration averred that the debt sued for, contracted by the defendant Harry J. Nicholas, was, by virtue of “An act to secure to mechanics and others payment for their labor and materials in erecting any building” [Revision of 1898], approved June 14th, 1898 (Pamph.
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On error to the Essex County Circuit Court. The plaintiff brought suit in the Circuit Court of the county of Essex, and in his declaration averred that the debt sued for, contracted by the defendant Harry J. Nicholas, was, by virtue of “An act to secure to mechanics and others payment for their labor and materials in erecting any building” [Revision of 1898], approved June 14th, 1898 (Pamph. L., p. 538), a lien upon a dwelling-house and curtilage therein described of Susan Yan Syclde, owner. The builder did not defend. The owner filed pleas — -first, that the builder did not undertake or…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The pertinent provisions of the Mechanics’ Lien law, above cited, are as follows:
“1. Every building hereafter erected or built within this state shall be liable for the payment of any debt contracted and owing to any person for labor performed or materials furnished for the erection and construction thereof, which debt shall be a lien on such building, and on the land whereon it stands, including the lot or curtilage whereon the same is erected. .
“2. Whenever any building shall be erected, in whole or in part, by contract in writing, such…
2Cases cited1 opinion
- S. A. Willetts & Co. v. EarlSupreme Court of New Jersey · 1891
3Cited by3 opinions
- English v. WarrenNew Jersey Court of Chancery · 1903
- C. B. Coles & Son Co. v. LothridgeSupreme Court of New Jersey · 1911
- Pfeifer v. ReimanNew Jersey Court of Chancery · 1932