Otis v. Cusack
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee in favor of the plaintiff, against the defendants. The action was instituted to enforce a mechanic’s lien, for labor performed and materials furnished by the plaintiff, in erecting a dwelling house at Port Ewen.
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THIS is an appeal from a judgment entered upon the report of a referee in favor of the plaintiff, against the defendants. The action was instituted to enforce a mechanic’s lien, for labor performed and materials furnished by the plaintiff, in erecting a dwelling house at Port Ewen. On the 5th of December, 1859, the Pennsylvania Coal Company conveyed to the defendant, James Cusack, a lot of land at Port Ewen, pursuant to a contract between the company and him.- The defendant, Patrick Cusack, furnished a portion of the money for the purchase of said lot. After such conveyance to James Cusack,…
1Opinion of the Court
*548 By the Court,
Ingalls, J.
No question is raised as to the regularity of the proceeding by which the lion was sought to be established. The question whether the work was executed according to the agreement was fully investigated before the referee, each party producing evidence in reference thereto, and of the amount of damage occasioned by the failure of the plaintiff to execute the work agreeably to the agreement. And an allowance of $57.50 was made by the referee, which was deducted from the plaintiff’s claim. I think the referee properly disposed of that branch of the case. This case is…
2Cases cited4 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Loonie v. . HoganNew York Court of Appeals · 1854
- Ryerss v. WheelerNew York Supreme Court · 1841
- Ombony & Dain v. JonesNew York Supreme Court · 1856
3Cited by3 opinions
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Swift v. City of PoughkeepsieNew York Court of Appeals · 1868
- Gibbs v. EstyNew York Supreme Court · 1880