Lumbard v. Syracuse, Binghamton & New York Railroad
New York Supreme Court
PPBAL by the defendant from a judgment directed at a Special Term, on a trial before the court, without a jury. The following facts were, by a stipulation between the parties, admitted: That prior to November, 1869, and on or about the 30th day of July, 1869, one John Moore entered into a contract for the execution and completion of a railroad engine building, or round house, with the railroad company at their depot at Syracuse, and to furnish all the materials, for the…
Read the full summary
PPBAL by the defendant from a judgment directed at a Special Term, on a trial before the court, without a jury. The following facts were, by a stipulation between the parties, admitted: That prior to November, 1869, and on or about the 30th day of July, 1869, one John Moore entered into a contract for the execution and completion of a railroad engine building, or round house, with the railroad company at their depot at Syracuse, and to furnish all the materials, for the price or sum of $8,476, according to certain specifications. That said Moore sub-let the carpenter and joiner work, and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
This action was brought to foreclose a mechanic’s lien, under two acts of the legislature specially applicable to the county of Onondaga.
The first act -was passed April 35th, 1864, (see Laws of 1864, ch. 366, p. 856,) and provides, in section 1, as follows: “That any person who shall, in pursuance of any contract, express or implied, either with the owner of the property or any contractor, perform any labor or furnish any materials in building, altering or repairing any house or other building in the county of Onondaga, to the amount of twenty dollars or over,…
2Cited by3 opinions
- Bassett v. MillsTexas Supreme Court · 1896
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
- Spafford v. Duluth, Red Wing & Southern RailroadSupreme Court of Minnesota · 1892