Smith v. Coe
New York Court of Common Pleas
Appeal by the defendant Coe from a judgment entered against him at special term in favor of the plaintiffs. The action was brought under the mechanics’ lien law to foreclose a lien acquired by filing a notice thereof on September 24th, 1857, upon the ground that the plaintiffs had, at the request of Naylor, fur ■ nished materials which were used in the construction of a building belonging to the defendant Coe, and erected for him by Naylor under the following contract: “ I…
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Appeal by the defendant Coe from a judgment entered against him at special term in favor of the plaintiffs. The action was brought under the mechanics’ lien law to foreclose a lien acquired by filing a notice thereof on September 24th, 1857, upon the ground that the plaintiffs had, at the request of Naylor, fur ■ nished materials which were used in the construction of a building belonging to the defendant Coe, and erected for him by Naylor under the following contract: “ I agree to erect a building on the lots corner of East an'd Cherry streets, as per plans and specifications, bearing this…
1Opinion of the Court
Daly, First Judge.
In the law, as laid down by my brother IIiltoy, I fully concur. I differ only as to its application to the facts of this case. I agree that if Naylor entered into a special contract with the defendant Coe, to erect a building of a certain kind or description for §19,500, that he was fully paid before the plaintiffs filed their lien, and that nothing would be due from Coe to Naylor, to which the plaintiffs’ lien could attach; or that if Naylor agreed to erect a building in a specified manner, whether the sum he was to receive for it was agreed upon or not, and abandoned the…
2Cited by4 opinions
- Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Shute v. HamiltonNew York Court of Common Pleas · 1871
- Schneider v. HobeinNew York Court of Common Pleas · 1871
- Drake v. O'DonnellNew York Supreme Court · 1875