Legal Opinion

Dowdney v. . McCullom

New York Court of Appeals

Decided December 22, 1874PublishedCited by 9 opinions

This proceeding was commenced in the New York common pleas to foreclose a mechanic’s lien, filed for $15,212.65, on property situate on Madison avenue, in that city, and was tried before David Me Adam, as sole referee, who- reported in favor of the plaintiff for $954.20, balance of the money installments under the contract; and as to the conveyance of the house under the provisions of the contract, the referee dismissed the plaintiff’s complaint, on the ground that such…

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This proceeding was commenced in the New York common pleas to foreclose a mechanic’s lien, filed for $15,212.65, on property situate on Madison avenue, in that city, and was tried before David Me Adam, as sole referee, who- reported in favor of the plaintiff for $954.20, balance of the money installments under the contract; and as to the conveyance of the house under the provisions of the contract, the referee dismissed the plaintiff’s complaint, on the ground that such relief could not be awarded in a mechanics’ lien proceeding. The plaintiff appealed from the decision of the referee to the…

1Opinion of the CourtGrover, J.

— By the assignment of Williams to the deféndant of his contract with the plaintiff, and the undertaking of the former, upon a sufficient consideration, with Williams, to perform the same on his part, the defendant became liable to the plaintiff, the same as though h e had originally contracted with him instead of Williams. The plaintiff insists that upon performance by him he was entitled to be paid $23,000, $14,000 of which at the option of the defendant, might be paid by conveying to him a house and lot, as specified in the contract. But in case of the failure or neglect of the defendant…

2Cases cited2 opinions

  1. Hudson v. SwiftNew York Supreme Court · 1822
  2. Camp v. MorseNew York Supreme Court · 1848

3Cited by9 opinions

  1. Hagan v. American Baptist Home Missionary SocietyNew York Court of Common Pleas · 1887
  2. Schulte v. BubenCalifornia Supreme Court · 1932
  3. Firth v. RehfeldtAppellate Division of the Supreme Court of the State of New York · 1898
  4. Cehio v. FischerAppellate Division of the Supreme Court of the State of New York · 1911
  5. Derleth v. DegraafThe Superior Court of New York City · 1885

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