Hackett v. . Badeau
New York Court of Appeals
Appeal from judgment of the General Term of the City Oourt of Brooklyn, affirming a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This action was brought to foreclose a mechanic’s lien upon certain premises in the city of Brooklyn.
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Appeal from judgment of the General Term of the City Oourt of Brooklyn, affirming a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This action was brought to foreclose a mechanic’s lien upon certain premises in the city of Brooklyn. Defendant Badeau being the owner of certain lots in the city of Brooklyn contracted to sell the same to William H. Duryea, the latter agreeing forthwith to commence the erection of a block of stores and of dwelling-houses thereon. To enable him to build Badeau agreed to loan him $25,000, in specified sums as the work…
1Opinion of the CourtAllen, J.
The statute regulating mechanics’ liens in the counties of Kings and Queens gives a lien for labor and materials furnished for buildings, by virtue of any contract with the owner or any person permitted by the owner of lands to build thereon. (Laws of 1862, chap. 478; Rollin v. Cross, 45 N. Y., 767.)
At the time of making the contract for, and the actual furnishing of the labor and materials, for which the plaintiff asserts a lien, Duryea was the equitable owner, under an executory contract of purchase from the defendant who held the legal title to the premises. The contract, by virtue of…
2Cited by8 opinions
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Hart v. ReidMichigan Supreme Court · 1928
- O'Leary v. RoeMissouri Court of Appeals · 1891
- National Wall Paper Co. v. SireAppellate Division of the Supreme Court of the State of New York · 1899
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