Donnelly v. Libby
The Superior Court of New York City
This case was tried before a referee. Appeal from a judgment. This was a proceeding under the lien law of 1863. The plaintiff filed, in the County Clerk’s office, a notice of which the following is a copy: “ To Charles E. Loew, Esq., “ Clerk of the City amd County of New York : “ Sir—Please to take notice that I, Thomas Donnelly, residing at No. 212 East Thirty-seventh street, in the City of New York, have a claim against J. S. Libby, amounting to the sum of $214.95, with…
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This case was tried before a referee. Appeal from a judgment. This was a proceeding under the lien law of 1863. The plaintiff filed, in the County Clerk’s office, a notice of which the following is a copy: “ To Charles E. Loew, Esq., “ Clerk of the City amd County of New York : “ Sir—Please to take notice that I, Thomas Donnelly, residing at No. 212 East Thirty-seventh street, in the City of New York, have a claim against J. S. Libby, amounting to the sum of $214.95, with interest from August 26,1868, due to me, Thomas Donnelly, from -and that the claim is made for and on account of mason and…
1Opinion of the Court
By the Court:
Jones, J.
On the argument of this appeal I was strongly impressed with the view that the facts which, according to the first section of the mechanics’ lien law of 1863, give a lien, and the fact of notice having been filed pursuant to the requirements of section 6, must either exist in fact, or their existence be admitted by the defendants, either expressly or tacitly, to authorize any judgment under that law.
The case of Maltby v. Greene (1 Keys, 548), cited by appellant’s counsel, and the case of Freeman v. Cram (3 Const., 305), therein referred to, caused me at first to doubt…
2Cases cited1 opinion
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
3Cited by4 opinions
- Gross v. DalyNew York Court of Common Pleas · 1875
- Cooper v. New Haven Steam-Boat Co.District Court, S.D. New York · 1883
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873
- Burroughs v. FosteranNew York City Court · 1877