Mahley v. . German Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There are two principal objections to the validity of this notice of lien: First, it does not state the agreed price or value of the materials furnished or the labor performed; and, second, it does not state the time when the first and last items of work were performed or…
1Opinion of the CourtCullen, J.
The action was brought to foreclose a mechanic’s lien. The controversy., is between the plaintiff, the lienor, and a sub-contractor and the appellant, the German Bank, an assignee of the principal contractor, over the contract price for the work, which the owner admitted to be due and offered to pay into court. The plaintiff filed his notice of lien prior to the time when the appellant’s order was filed in the county clerk’s office as required by the statute. The plaintiff’s claim is, therefore, superior to that of the appellant, provided that the notice filed by him was sufficient to give…
2Cases cited1 opinion
- Mahley v. German BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by34 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Hurley v. TuckerAppellate Division of the Supreme Court of the State of New York · 1908
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Delaware River Quarry & Construction Co. v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1918
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