Vogel v. Luitwieler
New York Supreme Court
Appeal from special term, Monroe county. Action to foreclose a mechanic’s lien created by and under chapter 342, Laws 1885. The plaintiff entered into an agreement with Edward Woods, who was then the owner of the premises, to construct and finish a house to be located thereon, for the price of $3,070. Afterwards Wood sold and conveyed the premises to the defendant Forsyth, who assumed and agreed to perform the building contract.
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Appeal from special term, Monroe county. Action to foreclose a mechanic’s lien created by and under chapter 342, Laws 1885. The plaintiff entered into an agreement with Edward Woods, who was then the owner of the premises, to construct and finish a house to be located thereon, for the price of $3,070. Afterwards Wood sold and conveyed the premises to the defendant Forsyth, who assumed and agreed to perform the building contract. The plaintiff, on or about the 28th day of July, completed her contract, and there was then due her thereon the sum of $635, and she also did extra work of the value…
1Opinion of the CourtBarker, P. J.
The first and principal question in this case is, was the defendant Luitwieler, who supplied the paints to Poppert, the subcontractor, embraced in the class of persons mentioned in the mechanic’s lien act, who might secure a lien on the premises in compliance with the provisions of the law? Laws 1885, c. 342. The first section provides that “any person * * * who shall hereafter perform any labor or service, or furnish any materials which have been used or which are to be used in erecting * * * building or building lot * * * with the consent of the owner, as hereinafter defined, or his agent,…
2Cases cited1 opinion
- Luscher v. MorrisNew York Supreme Court · 1886
3Cited by3 opinions
- Pittsburgh Plate Glass Co. v. VanderbiltNew York Supreme Court · 1911
- French v. BauerNew York Court of Common Pleas · 1890
- Mahan Construction Corp. v. 373 Wythe Realty, Inc.New York Supreme Court · 2011