Moore v. . Mausert
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. This was a proceeding under the mechanics’ lien law. Defendants made a contract with John Appley to furnish materials and do all the carpenter work for the erection of two houses in the town of Bethlehem, county of Albany, upon lands of defendants.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. This was a proceeding under the mechanics’ lien law. Defendants made a contract with John Appley to furnish materials and do all the carpenter work for the erection of two houses in the town of Bethlehem, county of Albany, upon lands of defendants. Appley purchased all the materials from plaintiff, who commenced furnishing them on or about February 18th, 1869, and finished on the 28th April, 1869. On the 15th of May,…
1Opinion of the CourtGrover, J.
In Ely v. Holton (15 N. Y., 595), it was decided by this court that the effect of an amendment of a statute made by a subsequent statute declaring that such statute shall be amended so as to read as follows, retaining a part of the statute amended and incorporating therein new provisions, was not to repeal the part retained and re-enact the same, but that such part of the statute continued in force from the first enactment, and that the new provisions incorporated became operative from the time the amendatory statute took effect. It would follow that, where certain provisions of the original…
2Cases cited1 opinion
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
3Cited by44 opinions
- Posadas v. National City BankSupreme Court of the United States · 1936
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- Merlo v. Johnston City & Big Muddy Coal & Mining Co.Illinois Supreme Court · 1913
- Randall v. BaileyNew York Court of Appeals · 1942
- Gilbert v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1898
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