Gardner & Meeks Co. v. New York Central & Hudson River Railroad

The opinion of the court was delivered by

Pitney, J.

This is an action upon a mechanics’ lien claim brought by the Gardner & Meeks Company (plaintiff below) against the Chert Stone Company, as builder, and the New York Central and Hudson River Railroad Company, as owner. The latter company alone made defence, and the only controversy raised was under its statutory plea that the building and lands in question were not liable to the builder’s debt.

Upon the trial in the Circuit Court it appeared that the railroad company had made a written contract with one Crowe for erecting the building in…