Garrison v. Mooney
New York Court of Common Pleas
Appeal from a judgment of this court entered on the report of a referee. The action was brought to foreclose a mechanic’s lien against the defendant Mooney, as owner of the building, and one Van Clave, as contractor for the work, in respect of which the lien was claimed. The facts are stated in the opinion. . Van Clave did not answer. The answer of the defendant Mooney alleged that at the time the lien was filed nothing was due from him to Van Clave under the contract.
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Appeal from a judgment of this court entered on the report of a referee. The action was brought to foreclose a mechanic’s lien against the defendant Mooney, as owner of the building, and one Van Clave, as contractor for the work, in respect of which the lien was claimed. The facts are stated in the opinion. . Van Clave did not answer. The answer of the defendant Mooney alleged that at the time the lien was filed nothing was due from him to Van Clave under the contract. Upon trial before a referee, he found for the defendant, and judgment for the defendant was entered on his report. From the…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The decision of the. referee was right. The evidence showed that when the plaintiffs filed their lien, or rather, when they notified the defendant, Mooney, of the filing of it, nothing was due by him to Van Clave, Van Clave having then been overpaid upon the-contract under which the work was done by the plaintiffs. This included the payment made by Mooney to Heck, who *219furnished the material for the work which the plaintiffs did. Yan Clave ordered the material from Heck, upon which Heck asked him who was to pay for it, and Yan Clave told him he would, but Heck…
2Cited by5 opinions
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- Dorestan v. KriegWisconsin Supreme Court · 1886
- Lawrence v. DawsonAppellate Division of the Supreme Court of the State of New York · 1900
- Tolkow v. Metropolitan Life InsuranceCity of New York Municipal Court · 1911