Cunningham v. Doyle
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by James Cunningham against Andrew T. Doyle to foreclose a mechanic’s lien upon premises in West Ninety-Fifth street and Amsterdam avenue, New York city. There was a judgment in favor of plaintiff, and defendant appeals.
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Appeal from judgment on report of referee. Action by James Cunningham against Andrew T. Doyle to foreclose a mechanic’s lien upon premises in West Ninety-Fifth street and Amsterdam avenue, New York city. There was a judgment in favor of plaintiff, and defendant appeals. After the filing of the lien, the defendant executed a bond, and an order-discharging the lien was thereupon made, pursuant to the provisions of the-mechanic’s lien law (Laws 1885, c. 342, § 24) that a lien may be discharged by the owners of the premises executing a bond conditioned for the payment of any judgment which may be…
1Per curiam
This action was properly brought, both as against this defendant and for the purpose of establishing the lien in form as in an action to foreclose it against the property upon which the work in question was done, although a bond in discharge of the lien had been filed. Kruger v. Braender, (Com. Pl. N. Y.) 23 N. Y. Supp. 324.
It is contended that the notice of lien, as filed, was defective;, in that the name of the affiant was omitted from the body of the verification thereto. The effect of such omission has been considered by the court of appeals in the case of People v. Sutherland, 81 N. Y.…
2Cases cited2 opinions
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Staubsandt v. LennonNew York Court of Common Pleas · 1893
3Cited by3 opinions
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Weiss v. United StatesCourt of Appeals for the Seventh Circuit · 1922
- Kaufman Advertising Agency v. SnellenburghAppellate Terms of the Supreme Court of New York · 1904