Dart v. Fitch
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs entered upon the report of a referee. The referee’s report was filed on October 21, 1878, and a judgment was entered thereon on October twenty-fifth. On November twenty-third the judgment was set aside as prematurely entered, and a judgment ordered to be entered mono pro tuno as of October twenty-sixth.
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Appeal from a judgment in favor of the plaintiffs entered upon the report of a referee. The referee’s report was filed on October 21, 1878, and a judgment was entered thereon on October twenty-fifth. On November twenty-third the judgment was set aside as prematurely entered, and a judgment ordered to be entered mono pro tuno as of October twenty-sixth. The notice of lien was filed in the county clerk’s office October 25, 1877. The plaintiffs could not recover without affirmative proof that money had become due from the defendant to Sliker. (Gox v. Broderick, 4 E. D. Smith, 721; Ferguson v.…
1Opinion of the Court
Taloott, P. J.:
Tbe judgment ordered by tbe referee, wbicb is appealed from in this ease, adjudges that tbe plaintiffs, wbo aré materialmen, proceeding under chapter 872 of tbe Laws of 1871, have a lien on tbe premises in question, for certain materials found to bave been furnished by tbe plaintiffs to one ITenry Sliker, under a contract made by the defendant with said Sliker, to erect a certain building in tbe city of Buffalo for tbe defendant. Tbe legislation in reference to “mechanics’ liens” is in such a confused state that it is difficult to ascertain what law creating and -enforcing such…
2Cases cited9 opinions
- Marvin v. . MarvinNew York Court of Appeals · 1878
- Bailey v. JohnsonNew York Court of Common Pleas · 1859
- Renouil v. HarrisThe Superior Court of New York City · 1849
- Caldwell v. Mayor of AlbanyNew York Court of Chancery · 1842
- Conkling v. GandallNew York Court of Appeals · 1864
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