Carman v. . McIncrow
New York Court of Appeals
* Appeal from a judgment of the court of common [*71 pleas of the city and county of New York. The action in the court below was prosecuted to enforce a lien upon a building and lot, owned by the defendant, pursuant to the act entitled “ an act for the better security of mechanics and others erecting buildings, and furnishing materials therefor, in the city and county of New-York,” passed July 11th, 1851. {Laws of 1851, 953.) The case was tried before a referee, who, by his…
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* Appeal from a judgment of the court of common [*71 pleas of the city and county of New York. The action in the court below was prosecuted to enforce a lien upon a building and lot, owned by the defendant, pursuant to the act entitled “ an act for the better security of mechanics and others erecting buildings, and furnishing materials therefor, in the city and county of New-York,” passed July 11th, 1851. {Laws of 1851, 953.) The case was tried before a referee, who, by his report, found the following facts: George Smith contracted to furnish the materials, and do the carpenter work upon a…
1Opinion of the Court
*Denio, J.
The question to be determined is whethe*72 a person, contracting to have a building erected for him, who has, after the work was cómpleted, paid the contractor in full, is still liable to a third person who has furnished materials to the contractor, which have been used by him in the building, though such third person had not, at the time of such payment to the principal contractor, served the notice of his claim on the county clerk, as prescribed by the mechanics’ lien law, provided he has served such notice after the payment, but within ' six months after furnishing the materials.…
2Cases cited3 opinions
- Crane v. . GeninNew York Court of Appeals · 1875
- Preusser v. FlorenceNew York Court of Common Pleas · 1876
- Thompson v. YatesNew York Supreme Court · 1864
3Cited by18 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Crane v. . GeninNew York Court of Appeals · 1875
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
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