Cassidy v. Fontham
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Patrick Cassidy and I. Richard Adler against Charles F. Font-ham. Defendant appeals from a judgment for plaintiffs on trial by a referee.
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Appeal from judgment on report of referee. Action by Patrick Cassidy and I. Richard Adler against Charles F. Font-ham. Defendant appeals from a judgment for plaintiffs on trial by a referee. Laws N. Y. 1885, c. 342, § 1, provides that any person performing any labor or service, or furnishing any materials, to be used in erecting, altering, or repairing any house, etc., with the consent of the owner, etc., may, upon filing the notice of lien prescribed, “have a lien for the principal and interest of the price, and value of such labor and material upon such house, ” etc.
1Opinion of the CourtDaly, C. J.
This is an appeal by the defendant, Fontham, from a ment in favor of plaintiffs in an action to foreclose a mechanic’s lien for $983, the claim being for $585 balance of contract, and $398 for extra work. The referee allowed the whole balance on the contract, and $333 for the extra work. The contract was as follows:
“New York, May 28, 1889.
“Agreement made between Chas. Fontham, owner, and Charles Missall, plumber. The second party hereby agrees to furnish all materials and labor for plumbing and gas fitting in 2 houses No.— W. 59thSt., except sewer in cellar, tank on roof, wash-tubs, gas…
2Cases cited1 opinion
- Dent v. . North American Steamship Co.New York Court of Appeals · 1872
3Cited by8 opinions
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- State v. ScheffelmanMontana Supreme Court · 1987
- Foreman's Systems, Inc. v. Milk Dealers' Crate Corp.Court of Chancery of Delaware · 1923
- State v. BuckmanMontana Supreme Court · 1981
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