Breuchaud v. Mayor of New York
New York Supreme Court
Appeal from special term, New York county. Action by Jules Breuchaud and others against the mayor, aldermen, and commonalty of the city of New York, to enforce a mechanic’s lien for materials furnished to, and labor performed for, a person contracting with the city of New York for the building of a section of the new aqueduct. From a j udgment sustaining a demurrer to the complaint, plaintiffs appeal.
1Opinion of the CourtIngraham, J.
To entitle plaintiffs to recover in this action, they must allege the making of the contract between defendant and the original contractors; that the plaintiffs, as laborers, mechanics, merchants, or traders, in pursuance of or in conformity with the terms of such contract, performed labor or furnished materials towards the performance or completion of such contract; and that they have duly filed the notice prescribed by section 1825 óf the consolidation act. Where such a contract is made, such services performed, or materials furnished, and such notice filed, plaintiff may commence an action…
2Cited by3 opinions
- Clapper v. StrongNew York Supreme Court · 1903
- Drennan v. Mayor of New YorkNew York Court of Common Pleas · 1895
- Paige v. Mayor of New YorkNew York Supreme Court · 1891