McGrath v. Horgan
Appellate Division of the Supreme Court of the State of New York
Appeal by thé plaintiff, John J. McGrath, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 30th day of August, 1901^ upon the decision of the court, rendered after a trial at the Mew York Special Term, as adjudges a mechanic’s lien filed by the plaintiff to be invalid, and cancels a bond given on the discharge thereof and awards an affirmative judgment in favor of the defendant…
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Appeal by thé plaintiff, John J. McGrath, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 30th day of August, 1901^ upon the decision of the court, rendered after a trial at the Mew York Special Term, as adjudges a mechanic’s lien filed by the plaintiff to be invalid, and cancels a bond given on the discharge thereof and awards an affirmative judgment in favor of the defendant Horgan against the plaintiff.
1Opinion of the Court
Latohlin, J.:
This is an action to foreclose a mechanic’s lien on premises Hos. 226 and 228 West Seventy-eighth street, owned by the defendant Horgan, who was erecting thereon a double six-story and basement apartment house. On the 15th day of August, 1899, the plaintiff contracted in writing with the owner to do the plumbing and gas-fitting work and furnish the materials therefor for the gross sum of $4,200, payable in five installments as follows: Fvrst, when all cast iron sewer, soil and vent lines are in and brown mortar, $850; second, when gasfitting and water supply lines are in and…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
- Murphy v. . BuckmanNew York Court of Appeals · 1876
- McCready v. LindenbornAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1903
- New Day Builders, Inc. v. SJC RealtyAppellate Division of the Supreme Court of the State of New York · 1995
- R. D. Burnett Cigar Co. v. Art Wall Paper Co.Supreme Court of Alabama · 1909
- National Surety Corp. v. StateNew York Court of Claims · 1938