Legal Opinion

Butler v. Aquehonga Land Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendants, The Aquehonga Land Company of Staten Island, New York, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of June, 1902, upon the decision of the court, rendered after a trial at the Richmond Special Term, directing a foreclosure and sale under a mechanic’s lien.

1Opinion of the Court

Jenks, J. :

The general principle is that the lien of the sub-contractor attaches to the locus in quo perforce of the owner’s indebtedness to the contractor. (Van Clief v. Van Vechten, 130 N. Y. 571 ; Brainard v. County of Kings, 155 id. 538.) The plaintiff, with the burden upon him (Brainard v. County of Kings, supra), does not show that he is within the circumstances of either one of the three conditions stated in Van Clief ’s Case (supra), and approved in Brainard’s Gase (supra). He cannot have his judgment of foreclosure unless he can take his case out of the general rule.

This he would do…

2Cases cited2 opinions

  1. Van Clief v. . Van VechtenNew York Court of Appeals · 1892
  2. La Pasta v. WeilAppellate Terms of the Supreme Court of New York · 1897

3Cited by2 opinions

  1. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. Wexler v. RustAppellate Division of the Supreme Court of the State of New York · 1911

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