Finn v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Movember. 11, 1905, which affirmed a judgment of Special Term canceling of record a mechanic’s lien. The facts, so far as material, are stated in the opinion. The notice of lien in question contained a sufficient compliance with subdivision 4, section 9 of the Lien Law. (Gilmore v. Colcord, 183 N. Y. 342.) The statute should be construed literally.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Movember. 11, 1905, which affirmed a judgment of Special Term canceling of record a mechanic’s lien. The facts, so far as material, are stated in the opinion. The notice of lien in question contained a sufficient compliance with subdivision 4, section 9 of the Lien Law. (Gilmore v. Colcord, 183 N. Y. 342.) The statute should be construed literally. (Hall v. Dennerlein, 29 N. Y. S. R. 67; Ogden, v. Alexander, 140 N. Y. 356.) The statements contained in a lien, to render it void or…
1Per curiam
In this case, which is an action to forelose a mechanic’s lien, the Special Term held that the notice of lien filed by the appellant was fatally defective, in that it failed to state the amount of the materials actually furnished at the time of filing the notice, and"the agreed price or value thereof. The only statement in the appellant’s notice of lien is that the appellant claims a lien on the property described therein “ for five thousand five hundred and eighty-nine dollars and sixty cénts ($5,589.60), being the value and agreed price of certain materials furnished and to be furnished, to…
2Cases cited3 opinions
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
- Gilmour v. . ColcordNew York Court of Appeals · 1906
3Cited by15 opinions
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Fyfe v. . Sound Development Co.New York Court of Appeals · 1923
- Bachmann v. SpinghelAppellate Division of the Supreme Court of the State of New York · 1914
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914
- Abelman v. MyerAppellate Division of the Supreme Court of the State of New York · 1907
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