McDermott v. Palmer
New York Supreme Court
Error to the New-York common pleas. The plaintiff in error brought his action under the “ Act for the better security of mechanics and others erecting buildings in the city of New-York,” passed April 20th, 1830, commonly called the mechanic’s-lien-law.
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Error to the New-York common pleas. The plaintiff in error brought his action under the “ Act for the better security of mechanics and others erecting buildings in the city of New-York,” passed April 20th, 1830, commonly called the mechanic’s-lien-law. He was nonsuited at the trial, mainly on the ground that under and in consequence of a contract entered into on the 21st of December, 1844, between the defendant and Weeks and McCullough, the defendant could not be considered the owner of the buildings; at least for the purpose of being charged as such under the lien law. The facts are stated…
1Opinion of the Court
By the Court,
Edwards, J.
This suit is brought to recover the value of certain work and labor, done and performed by the plaintiff, towards the erection of thirteen houses in the city of New-York, of which it is alledged that the defendant was, at the time, the owner. The plaintiff rests his claim upon the provisions of the “ act for the better security of mechanics and others erecting buildings in the city and county of New-York,” passed April 20,1830, as amended April 13,1832. (2 R. S. 648, 3d ed.)
It was not denied upon the argument that the work and labor was performed by the plaintiff, and…
2Cases cited1 opinion
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