Vosseller v. Slater
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bridget Slater, from a judgment of the' County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 27th day of April, 1897, upon the decision of the court rendered after a trial at an Equity Term of said court adjudging that the plaintiff has a mechanic’s lien on the premises of the appellant and directing its foreclosure.
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Appeal by the defendant, Bridget Slater, from a judgment of the' County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 27th day of April, 1897, upon the decision of the court rendered after a trial at an Equity Term of said court adjudging that the plaintiff has a mechanic’s lien on the premises of the appellant and directing its foreclosure. This action was begun July 3, 1896, to foreclose an alleged mechanic’s lien. In June, 1895, the appellant, Bridget' Slater, was the owner in fee of a lot of considerable size in the city of…
1Opinion of the Court
Follett, J.:
Section 1 of chapter 342 of the Laws of 1885 — the Mechanics’ Lien Law (repealed by chapter 418 of the Laws of 1897)-:—pro-vided that any person who shall perform labor or furnish materials used in erecting, altering or repairing any building, “ with the consent of the owner, as hereinafter defined, or his agent,” shall have a lien for the price and value. of the labor performed and materials furnished “ to the extent of' the right, title and interest at that time existing of such owner, whether owner in fee or of a less estate, or whether a lessee for a term of years, or vendee…
2Cases cited6 opinions
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Loonie v. . HoganNew York Court of Appeals · 1854
- Havens v. West Side Electric Light Co.New York Supreme Court · 1892
- Havens v. West Side Electric Light & Power Co.New York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rice v. . CulverNew York Court of Appeals · 1902
- Steeves v. SinclairAppellate Division of the Supreme Court of the State of New York · 1900
- Jewett Refrigerator Co. v. LawlessNew York Supreme Court · 1923
- Smith v. Vara, New York County Courts1930
- Empire City Iron Works v. MargoliesCity of New York Municipal Court · 1914
6 more not listed; retrieve them via the Exa API.