Ryan v. Klock
New York Supreme Court
Appeal from a judgment, entered in Onondaga county upon the decision of the County Court of that county, dismissing the plaintiff’s complaint and notice with thirty-five dollars costs. In the fall of 1882, Susan E. Colton let a contract to one Shoudy for the construction of a cellar and house on a lot belonging to her, in tbe city of Syracuse.
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Appeal from a judgment, entered in Onondaga county upon the decision of the County Court of that county, dismissing the plaintiff’s complaint and notice with thirty-five dollars costs. In the fall of 1882, Susan E. Colton let a contract to one Shoudy for the construction of a cellar and house on a lot belonging to her, in tbe city of Syracuse. Shoudy engaged Ryan, the claim-ant, to do work and labor, and furnish material in erecting the same, and such work was performed and material was furnished by him in October and November, 1882. Shoudy made a general assignment November 22, 1882, to…
1Opinion of the Court
Hardin, P. J.:
Assuming, under McKenna v. Edmundstone (91 N. Y., 231), that the Onondaga act, chapter 366 of Laws of 1864, is in force .and applicable to this case in hand, we are called upon to ascertain whether the notice of lien filed was sufficient or not. It may be observed that the first section of the act provides that any person furnishing materials, etc., “shall, until the end of three months after the performance of such labor or furnishing materials, be -deemed to have an equitable lien for the same- upon such house or building or appurtenances and the land,” etc. * * * These *106words…
2Cases cited4 opinions
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Darrow v. . MorganNew York Court of Appeals · 1875
- Leiegne v. SchwarzlerNew York Court of Common Pleas · 1884