Legal Opinion · Dissent

Hauptman v. Catlin

New York Court of Common Pleas

Decided May 15, 1854Published

This action was brought by a house painter, under the act for the better security of mechanics and others, passed in 1851. The notice filed under the sixth section, was as follows : “To the clerk of the city and county of New York.

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This action was brought by a house painter, under the act for the better security of mechanics and others, passed in 1851. The notice filed under the sixth section, was as follows : “To the clerk of the city and county of New York. “Sir : “ Please to take notice, that I, Arthur B. Hauptman, have a claim against John M. Gatlin, and Catharine Ann, his wife, amounting to the sum of nine hundred and twenty three dollars, and that this claim is made for and on account of work, labor, and materials, done and furnished towards the erection, completion, and finishing of a certain four story and…

1DissentDaly, J.

The final order made upon the proceedings supplementary to execution was, that the defendant, John M. Catlin, should give his note, at ninety days, for $380, with a general provision that he should pay over to the sheriff, or Kennedy and Hull’s attorney, whatever sum of money was due to Hauptman, by himself, or his wife, or both. The amount of this note was paid by the defendant, and went so far in satisfaction of the judgment. It appears, by the order, to he the amount then ascertained to be due. It is inferable that it was the extent to which the judge, from the facts before him, could make…

2Cases cited2 opinions

  1. Sickles v. MatherNew York Supreme Court · 1838
  2. Ingraham v. BockiusSupreme Court of Pennsylvania · 1823

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