Duffy v. Baker
New York Supreme Court
Trial by the court. Action to foreclose a mechanic’s lien by Charles G. Duffy against Mary E. Baker and Seward W. Baker. The plaintiff in this action claims to enforce a mechanic’s lien for $385.19 against the real estate of the defendant Mary E. Baker, who is the wife of the defendant Seward W. Baker, and is the owner of a dwelling house in the town of Whitestown.
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Trial by the court. Action to foreclose a mechanic’s lien by Charles G. Duffy against Mary E. Baker and Seward W. Baker. The plaintiff in this action claims to enforce a mechanic’s lien for $385.19 against the real estate of the defendant Mary E. Baker, who is the wife of the defendant Seward W. Baker, and is the owner of a dwelling house in the town of Whitestown. In the Fall of 1882, the plaintiff, at the request of Mr. Baker, furnished materials and performed work on and about the making of a drain, the repairing of steam apparatus and plumbing generally, in or connected with the…
1Opinion of the CourtMerwin, J.
—The statute that controls the case is chapter 402 of Laws of 1854, as amended and supplemented in 1873 (c. 489), and 1875 (c. 233). By section 4 of that act, the notice of lien must be filed “ within sixty days after the performance and completion of such labor, or the final furnishing of such materials.” *359It is, therefore, necessary for the plaintiff to establish that his contract or employment was continuous from the Fall of 1882, to May 3, 1884 ; in other words that his contract or job was not completed until the trails action of May 3, 1884; that the latter related only t< the fixing in…
2Cases cited1 opinion
- Weyer v. . BeachNew York Court of Appeals · 1880
3Cited by3 opinions
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Chambers v. George Vassar's Sons & Co.New York Supreme Court · 1913
- McLean v. SanfordAppellate Division of the Supreme Court of the State of New York · 1898