McMurray v. Hutcheson
New York Court of Common Pleas
Teial by the court of an action for foreclosure of a mechanic’s lien. The lien was filed by the plaintiff, Robert McMurray, for work done by him upon buildings owned by the defendant, Robert Hutcheson, under a subcontract with John Jennings, the principal contractor, who had previously made a general assignment for the benefit of his creditors to William E. Price, without completing the work under his contract. Other facts are stated in the opinion.
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Teial by the court of an action for foreclosure of a mechanic’s lien. The lien was filed by the plaintiff, Robert McMurray, for work done by him upon buildings owned by the defendant, Robert Hutcheson, under a subcontract with John Jennings, the principal contractor, who had previously made a general assignment for the benefit of his creditors to William E. Price, without completing the work under his contract. Other facts are stated in the opinion. The action was brought by McMurray against Hutcheson, Jennings, and Price, the assignee, and was defended only by the assignee, who claimed that…
1Opinion of the CourtVan Hoesen, J.
The contractor Jennings made, on the 18th day of January, 1880, an assignment for the benefit of his creditors. On the following day, the 14th, the plaintiff, who was subcontractor under Jennings, having completed his *65contract, filed his lien under the mechanic’s lien act. The lien was afterwards discharged by the payment of the amount thereof to the county clerk. This payment was made by Hr. Price, Jennings’ assignee. Price made the payment because he had made an arrangement with Hutcheson, the owner of the buildings, to go on and finish Jennings’ contract. He fully performed Jennings’…
2Cases cited1 opinion
- Henderson & Reid v. SturgisNew York Court of Common Pleas · 1863
3Cited by4 opinions
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- In re RoeberDistrict Court, E.D. New York · 1902
- Hasbrouck v. StokesNew York Court of Common Pleas · 1891
- John P. Kane Co. v. KinneyNew York Supreme Court · 1901