Barton v. Hermann
New York Court of Common Pleas
Appeal from a judgment entered on a referee’s report. William S. Barton, plaintiff, recovered judgment of foreclosure of a mechanic’s lien against Isaac Hermann and John Barry. Defendant Hermann appealed. The facts appear in the opinion. A decision on a motion to set aside the referee’s report and stay entry of judgment on the ground that the lien had failed because of failure to renew, is reported in 8 Abb. Pr. JSÍ. K, 399.
1Opinion of the Court
By the Court.—Robinson, J.
This action was brought in June, 1869, to foreclose a mechanic’s lien filed by plaintiff as subcontractor, against the defendant, Hermann, as owner, and John Barry, contractor, under the provisions of the mechanic’s lien law of 1863.
The original contract executed between the defendants Hermann and Barry, under seal, provided for the erection of a building on lot No. 19 and rear of lot No. 21 East Fifteenth-street, in this city, agreeably to plans and specifications made by Augustus Meyer, architect, in a good workmanlike manner, to the satisfaction and under the…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Thomas v. . FleuryNew York Court of Appeals · 1862
- Smith v. BriggsNew York Supreme Court · 1846
- Pike v. NashNew York Court of Appeals · 1864
- Bloodgood v. IngoldsbyNew York Court of Common Pleas · 1857