Schneider v. Hobein
New York Court of Common Pleas
Appeal from a judgment entered upon the report of a referee. This action was brought by the plaintiff, a sub-contractor street, in the city of New York, of which the defendant, to foreclose, a mechanic’s lien on premises in East 55th Hobein was the owner. It seems that the contractors, Kiechler and Huppert (the other two defendants) were to receive from the defendant Hobein, the sum of $4,100 for erecting the building in question.
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Appeal from a judgment entered upon the report of a referee. This action was brought by the plaintiff, a sub-contractor street, in the city of New York, of which the defendant, to foreclose, a mechanic’s lien on premises in East 55th Hobein was the owner. It seems that the contractors, Kiechler and Huppert (the other two defendants) were to receive from the defendant Hobein, the sum of $4,100 for erecting the building in question. Said sum was to be paid by installments, the last payment of $1,600, to be made on the completion of the building. The plaintiff, at the request of the contractors,…
1Opinion of the Court
By the court, Loew, J.
Under the lien law of 1851, this court uniformly held that in order to entitle a sub-contractor or material man to a judgment against the owner as provided by said act, he must show either that at the time of the creation of the lien, by the filing of the notice, a debt was actually owing from the owner to the contractor upon the contract, or else that the same subsequently became due and owing. (Smith agt. Coe, 2 Hilt., 365; Ferguson, agt. Burk, 4 E. D. Smith, 760; Lynch agt. Cashman, 3 Id., 660; Sullivan agt. Brewster, 1 Id., 682)..
In our opinion, the act of 1863,…
2Cases cited2 opinions
- Meehan v. WilliamsNew York Court of Common Pleas · 1868
- Smith v. CoeNew York Court of Common Pleas · 1859
3Cited by2 opinions
- Hagan v. American Baptist Home Missionary SocietyNew York Court of Common Pleas · 1887
- Mack v. ColleranNew York Court of Common Pleas · 1892