Loonie v. . Hogan
New York Court of Appeals
Loonie, Fitzgerald & Egan sued Hogan in the New-York common pleas to recover $150 and interest, for cut stone furnished by them, which were used in erecting -a building on Eleventh-street, in the city of New-York.
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Loonie, Fitzgerald & Egan sued Hogan in the New-York common pleas to recover $150 and interest, for cut stone furnished by them, which were used in erecting -a building on Eleventh-street, in the city of New-York. The complaint stated that the plaintiffs were stone cutters, and that on the ,11th of August, 1849, they contracted with James Mullaney, “ contractor of Robert Hogan, owner,” to furnish the cut stone for a house erecting by Mullaney, for and under a contract with Hogan, the defendant, to be paid for as the work should progress; that defendant was the owner of the lot on which the…
1Opinion of the CourtDenio, J.
The act entitled “ An act for the better security of mechanics and others erecting buildings in the city and county of New-York,” provides that every mechanic doing any work towards the construction of any-building in the city of New-York “ erected under a contract in writing between the owner and builder, or other person,” “ may deliver to the owner of the building an attested account ” of such labor, “ and thereupon such owner shall '-retain out of his subsequent payments to the contractor the amount of such work and labor, for the benefit of the person so performing the same.” (Stat.,…
2Cases cited1 opinion
- McDermott v. PalmerNew York Supreme Court · 1851
3Cited by11 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Charleston Lumber & Manufacturing Co. v. BrockmyerWest Virginia Supreme Court · 1881
- Woods v. . WilderNew York Court of Appeals · 1870
- Vosseller v. SlaterAppellate Division of the Supreme Court of the State of New York · 1898
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