Otis v. . Dodd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 538.) The nature of the action and the material facts are stated in the opinion. One asserting a lien by virtue of the Mechanics’ Lien Acts must bring himself within their terms, regularly and strictly.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Tuesday of May, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 538.) The nature of the action and the material facts are stated in the opinion. One asserting a lien by virtue of the Mechanics’ Lien Acts must bring himself within their terms, regularly and strictly. They cannot be extended by implication. (Cheyne v. Troy Hospital Ass’n, 65 N. Y. 289; Mushlitt v. Silverman, 50 id. 360 Moore v.…
1Opinion of the CourtEarl, J.
This action was brought to enforce a mechanic’s' lien under the act (Chap. 489 of the Laws of 1873, as amended by chap. 233 of the Laws of 1875), which act is applicable to Ulster county.
In 1878 the appellants, Dodd and Ross, were owners in fee of certain real estate situated in Ulster county, and in March of that year they executed a lease of the real estate to the Union Portland Cement Company, a domestic corporation, for the term of seven years, with the right to two renewals of the lease for the term of seven years each. By the terms of the lease, the company covenanted with the lessors,…
2Cases cited2 opinions
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Husted v. . MathesNew York Court of Appeals · 1879
3Cited by38 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Rice v. . CulverNew York Court of Appeals · 1902
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Jones v. . MenkeNew York Court of Appeals · 1901
- Stetson-Post Mill Co. v. BrownWashington Supreme Court · 1899
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