Harvey v. . Brewer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1903, affirming a judgment entered upon the report of a referee in an action to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion. The order was invalid because it was not filed, and the defendant Brewer cannot have it allowed though he paid it. (L. 1897, ch. 418, § 15 ; Kenyon v. Walsh, 31 Misc.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1903, affirming a judgment entered upon the report of a referee in an action to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion. The order was invalid because it was not filed, and the defendant Brewer cannot have it allowed though he paid it. (L. 1897, ch. 418, § 15 ; Kenyon v. Walsh, 31 Misc. Rep. 634 ; Brace v. City of Gloversville, 167 N. Y. 452.) Brewer’s acceptance of the Van Brunt order on April 3, 1901, operated as a payment on…
1Opinion of the Court
Pabkeb, Ch. J.
In the year 1900 Dr. Brewer made a contract with one Conklin to build for him a house for $8,025. Conklin made a contract with the Van Brunt Plumbing Co. to do a certain portion of the work, for which it filed a mechanic’s lien on March 23d for $673. Two days later Conklin wrote a letter to Brewer requesting him to pay to the Van Brunt Plumbing Co. the sum due it, and for which its lien had been filed, and requesting him to deduct the sum from the last payment to Conklin on the contract price. This order Dr. Brewer accepted on April 3d, and promised, in writing, to pay the Van…
2Cases cited3 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
3Cited by17 opinions
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Van Kannel Revolving Door Co. v. AstorAppellate Division of the Supreme Court of the State of New York · 1907
- Hall v. JonesSupreme Court of North Carolina · 1909
- Tommasi v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1906
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