Oates v. Haley
New York Court of Common Pleas
Appeal by the plaintiff from a judgment at Special Term, confirming the report of the referee. The action was brought by the plaintiff as a sub-contractor, against the defendant Haley as contractor, and Stone as assignee of the contractor and of the owner Kenney.
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Appeal by the plaintiff from a judgment at Special Term, confirming the report of the referee. The action was brought by the plaintiff as a sub-contractor, against the defendant Haley as contractor, and Stone as assignee of the contractor and of the owner Kenney. The referee (Hon. Albert Cardozo) found as matters of fact— “ 1st, That defendant Kenney was the owner of two lots known as Hos. 232 and 234 West Thirty-seventh Street, in the City of New York; and that about October 23rd, 1860, he entered into an agreement with defendant Haley, by which the latter was to erect for said Kenney…
1Opinion of the Court
Hiltoít, J.
Under the mechanic’s lien law, the sub-contractor, by filng his notice of lien in the -manner prescribed acquired only the right to be subrogated to the claims of the contractor under the contract made with the owner. But if, at-the time of filing the notice, there is nothing due, and nothing thereafter becomes due under the contract, to the contractor from the owner, the sub-contractor acquires nothing by his lien. The only exception that I am aware of to the rule as thus stated, is the case of an assignment by the contractor of his property, in trust for the benefit of his…
2Cited by3 opinions
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Smith v. BailyNew York Court of Common Pleas · 1878
- In re RoeberDistrict Court, E.D. New York · 1902