Watts-Campbell Co. v. Yuengling
New York Supreme Court
Appeal from special term, New York county. Action by the Watts-Campbell Company, a corporation, existing under the-laws of New Jersey, against David G. Yuengling, Jr., and Catharine M. Yuengling, his wife, the D. G. Yuengling, Jr., Brewing Company, and the-Farmers’ Loan & Trust Company, to foreclose a mechanic’s lien filed under the mechanic’s lien law of New York, of 1885, for machinery erected in a building owned by defendant David G. Yuengling, Jr. The other defendants…
Read the full summary
Appeal from special term, New York county. Action by the Watts-Campbell Company, a corporation, existing under the-laws of New Jersey, against David G. Yuengling, Jr., and Catharine M. Yuengling, his wife, the D. G. Yuengling, Jr., Brewing Company, and the-Farmers’ Loan & Trust Company, to foreclose a mechanic’s lien filed under the mechanic’s lien law of New York, of 1885, for machinery erected in a building owned by defendant David G. Yuengling, Jr. The other defendants were alleged to include all those having liens on the property subsequent to-that of plaintiff. Judgment for plaintiff,…
1Opinion of the CourtVan Brunt, P. J.
The grounds upon which this appeal seems to be based-are these: First. That the machinery in question, which was furnished to-the building against which a lien is sought to be obtained, is not the subject-of a lien, in that it is not, within the words of the laws of 1885, erecting, altering, or repairing a building, but that it is the erecting of machinery in a. building, which is not, under the terms or within the spirit of the act itself, the subject of aflien. Second. That it appears from the laws of New Jersey, and from the certificate of incorporation of the plaintiff, that it had no…
2Cases cited5 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Holmes v. TremperNew York Supreme Court · 1822
- Buckley v. BuckleyNew York Supreme Court · 1850
- House v. HouseNew York Court of Chancery · 1843
- Gardner v. FinleyNew York Supreme Court · 1855
3Cited by6 opinions
- Avery v. ButlerOregon Supreme Court · 1897
- Havens v. West Side Electric Light Co.New York Supreme Court · 1892
- Brown v. Reno Electric Light & Power Co.U.S. Circuit Court for the District of Nevada · 1893
- Mull v. JonesNew York Court of Common Pleas · 1892
- Scobell v. BlockNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.