Wheeler v. . Scofield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Mem. of decision below, 6 Hun, 655.) This action was brought to foreclose a mechanic’s lien, filed under and in accordance with the provisions of chapter 489, Laws of 1873. The facts as found by the referee, were substantially as follows: On the 14th day of January, 1873, the firm of Coons & Pearson entered into a contract in writing with the defendant Scofield to furnish materials and erect for him a house on his…
1Opinion of the CourtEarl, J.
The plaintiff claims his lien under the act chapter 489 of the Laws of 1873. Section 1 of the act provides that “ any person who shall hereafter perform any labor in erecting, altering or repairing any house, building, or the appurtenances, etc., or who shall furnish any materials therefor, with the consent of the owner,” shall, on compliance with the act, have a lien for the value of such labor and materials.
The claim is made by the owner that the materials were not furnished with his consent. He had made "a contract with Coons & Pearson to erect the house, they doing all the work, and…
2Cited by13 opinions
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Graf v. . CunninghamNew York Court of Appeals · 1888
- GCDM Ironworks, Inc. v. GJF Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Nichols v. . VoorhisNew York Court of Appeals · 1878
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
8 more not listed; retrieve them via the Exa API.