Rodbourn v. Seneca Lake Grape & Wine Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, sub nom. McMillam v. 8. L. G. amd W. Go., 5 Hun, 12.) This was an action to foreclose a.mechanic’s lien. The original plaintiff was George McMillan; after judgment, he assigned it to the present plaintiff, who was substituted as plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, sub nom. McMillam v. 8. L. G. amd W. Go., 5 Hun, 12.) This was an action to foreclose a.mechanic’s lien. The original plaintiff was George McMillan; after judgment, he assigned it to the present plaintiff, who was substituted as plaintiff. In July, 1871, defendant contracted with S. B. Coe for the erection, by the latter, of a building upon its premises, in Tates county. Eighty per cent of the…
1Opinion of the CourtRapallo, J.
We think that the court erred in excluding the evidence offered to prove that the contractor became unable to complete the building; and that, after the filing of the notice .of lien, the defendant, in order to complete the building, was forced to, and did, 'purchase materials and pay laborers to an amount exceeding the contract-price, and that the contractor did not complete the building.
Expenditures made under such circumstances should not, we think, be treated as payments to the contractor upon his contract, which should render the owner liable to a material-man who had before such…
2Cited by5 opinions
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Morgan v. TaylorNew York Court of Common Pleas · 1889
- Bell v. VanderbiltNew York Court of Common Pleas · 1884
- McDougall v. NastNew York Supreme Court · 1866
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892