Hallahan v. Herbert
New York Court of Common Pleas
Appeal from a judgment. This action was brought against Daniel Herbert and others, by Michael Hallaban, assignee of Jacob Demarest, to enforce a mechanics’ lien. The facts appear in the opinion. Judgment at special term was given for plaintiff, and defendants appealed.
1Opinion of the Court
By the Court.—Robinson, J.
The facts of the case are substantially as follows: The defendants, Daniel and Elias Herbert, and William S. Ford, composing the firm of D. & E. Herbert & Co., in 1860, made a verbal contract with the defendant, Cudlipp, to purchase from him twenty-eight lots on the northerly side of Sixty-ninth-street, in the city of New York, commencing at Tenth-avenue and extending about six hundred and fifty feet westerly, and to erect sixteen houses thereon, Cudlipp agreeing to advance money towards the erection of the houses, and when they they were built, the purchasers were…
2Cases cited2 opinions
- McMahon v. Tenth Ward School-OfficersNew York Court of Common Pleas · 1861
- Rathbone v. MorrisNew York Supreme Court · 1859