Weyer v. Beach
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff entered upon the report of a referee. The action was brought under the General lien law of this State, to enforce a lien claimed by the plaintiffs to have been perfected by them against the property of the' defendant Beach. Stone and Bassett had agreed to erect a build-in o; for Beach, and plaintiffs had furnished brick to the said contractors, for which they had not been paid.
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Appeal from a judgment in favor of tbe plaintiff entered upon the report of a referee. The action was brought under the General lien law of this State, to enforce a lien claimed by the plaintiffs to have been perfected by them against the property of the' defendant Beach. Stone and Bassett had agreed to erect a build-in o; for Beach, and plaintiffs had furnished brick to the said contractors, for which they had not been paid. The notice by which the action was commenced alleged, among other things : “That, before the delivery of the said brick, it was agreed by and between the said William…
1Opinion of the Court
Bocees, J.:
It was proved and found by the referee that there was nothing due from Beach, the owner, to the contractors Stone & Bassett, on the building contract between those parties, when the plaintiffs filed their notice of lien; and nothing accrued to the contractors *233thereafter from the owner; nor is there any sufficient evidence to sustain the plaintiffs’ claim that Beach, the owner, paid “any money or other valuable tiling on such contract by collusion for the purpose of avoiding or with intent to avoid the provisions ” of the lien law. (3 R. S. 791, § 3, 6th ed.) The conclusion of the…
2Cases cited11 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Brown v. . WeberNew York Court of Appeals · 1868
- Godfrey v. . MoserNew York Court of Appeals · 1876
- Glacius v. . BlackNew York Court of Appeals · 1876
- Crane v. . GeninNew York Court of Appeals · 1875
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