Burroughs v. . Tostevan
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff against defendants Tostevan and Fagan, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. No personal judgment could be rendered against the contractor unless the lien was established.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff against defendants Tostevan and Fagan, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. No personal judgment could be rendered against the contractor unless the lien was established. (Donnelly v. Libby, 1 Sween., 259; Beal v. Congregation, 1 E. D. Smith, 654; Brown v. Wood, 2 Hilt., 579; Blauvelt v. Woodworth, 31 N. Y., 287; Grogan v. Raphael, 6 Abb., 306; S. C., 4 E. D. Smith, 754; Eagleson v. Clark, 2 id., 693;…
1Opinion of the CourtAndrews, J.
The plaintiffs claiming to have acquired a lien upon certain premises in Brooklyn, owned by the Home of the Good Shepherd under an act of the Legislature, entitled, “an act for the better security of mechanics, laborers, and others who perform labor or furnish materials for buildings, and other improvements on laud in the counties of Kings and Queens,’7 passed April 24, 1862 (chap. 478), for the value of materials furnished by them to Tostevan & Fagan, contractors, for building a house on the premises, upon which the lien was claimed, brought their action to foreclose the lien, making the…
2Cases cited1 opinion
- Glacius v. . BlackNew York Court of Appeals · 1872
3Cited by17 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Frank v. . DavisNew York Court of Appeals · 1892
- Weyer v. . BeachNew York Court of Appeals · 1880
- George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- McDonald v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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