Smith v. Sheltering Arms
New York Supreme Court
Appeal from judgment on report of referee. Action by James F. Smith and others, partners under the firm name of Smith & Co., against the Sheltering Arms and others, to foreclose a mechanic’s lien. Judgment was rendered directing a sale of the premises of the Sheltering Arms, and payment, out of the proceeds, of the claims of plaintiffs and of defendant John Ember-son, and from said judgment the Sheltering Arms appeals. Reversed as to defendant Emberson.
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Appeal from judgment on report of referee. Action by James F. Smith and others, partners under the firm name of Smith & Co., against the Sheltering Arms and others, to foreclose a mechanic’s lien. Judgment was rendered directing a sale of the premises of the Sheltering Arms, and payment, out of the proceeds, of the claims of plaintiffs and of defendant John Ember-son, and from said judgment the Sheltering Arms appeals. Reversed as to defendant Emberson. Modified as to plaintiffs.
1Opinion of the CourtBrown, P. J.
The referee decided that the plaintiffs had a valid lien upon the premises of the appellant for the sum of $561.45,- and that the defendant Emberson had a valid lien against the same premises for the sum of $252.38. On September 14, 1891, one Charles W. Banham entered into a contract with the appellant for the construction of a building, and on the same day entered into another contract with the “Children’s Fold” for the construction of a building on the appellant’s land with the appellant’s consent. The plaintiffs furnished material, which was used in the buildings, and filed their *63lien on…
Also in this document: Concurrence.
2Cases cited6 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Lauer v. . DunnNew York Court of Appeals · 1889
- Stevens v. . OgdenNew York Court of Appeals · 1891
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Hollister v. . MottNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cassino v. YacevichAppellate Division of the Supreme Court of the State of New York · 1941