Muldoon v. Pitt
New York Court of Common Pleas
Appeal from a judgment of this court, entered on the report of a referee in a proceeding to foreclose a mechanic’s lien. The proceedings were had under L. 1863, ch. §00, providing for mechanics’ liens in the city of New York, and resulted in a judgment in favor of the plaintiff, from which defendants appealed to the court at general term. The facts are stated in the opinion.
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—There was no ground whatever for the judgment against the appellants Charles and William Pitt. They were the owners of the premises. The defendant Yierkant applied to them for a lease of the premises for a Eussian bathing establishment. The premises were not fitted for such a purpose at the time, and Yierkant was to put up the requisite building and make the necessary alterations at his own expense. The defendants, at first, did not want to let the premises for such a purpose, but finally consented, upon Yierkant agreeing to do whatever they wanted in the new…
2Cases cited1 opinion
- Ombony v. . JonesNew York Court of Appeals · 1859
3Cited by1 opinion
- Farmer v. RobbinsNew York Supreme Court · 1872