Mathews v. Daley
New York Court of Common Pleas
The motion is for an order directing the county clerk to discharge of record certain mechanics’ liens. It appears that the plaintiff is the owner of premises No. 38 Broad street, in the city of New York $ that in August, 1865, he entered into a contract with the defendant Jones,- for the erection of a building on said lot; that said Jones made a sub-contract with one Joyce for the carpenter work; that in order to carry out his said contract, Joyce made parol agreements with…
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The motion is for an order directing the county clerk to discharge of record certain mechanics’ liens. It appears that the plaintiff is the owner of premises No. 38 Broad street, in the city of New York $ that in August, 1865, he entered into a contract with the defendant Jones,- for the erection of a building on said lot; that said Jones made a sub-contract with one Joyce for the carpenter work; that in order to carry out his said contract, Joyce made parol agreements with the defendant Daley and others, in pursuance of which, 'they performed labor and furnished materials for the erection of…
1Opinion of the CourtLoew, J.
Under the Mechanics’ Lien law of 1863, (Laws of 1863, chap., 500,) a lien ceases after one year from the time of filing the notice of lien, unless by an order of the court, obtained before the expiration of the year, the lien is continued, and a new docket made stating such fact. (Sec. 11 of the act) Welch agt. The Mayor, &c., 19 Abb. Pr., 132) Poerschke agt. Kedenburg, 6 Abb. Pr. N. S., 172). And it makes no difference that a proceeding was commenced before the expiration of the year to enforce or foreclose such lien. The decision of this court in the case of Paine agt. Bonney, (4 E. D.…
2Cases cited3 opinions
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Freeman & Wait v. CramNew York Court of Appeals · 1850
- Welch v. Mayor of New YorkNew York Court of Common Pleas · 1865
3Cited by2 opinions
- Dart v. FitchNew York Supreme Court · 1881
- Fitzpatrick v. . BoylanNew York Court of Appeals · 1874