Levin v. Hessberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frances Hessberg, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of March, 1909, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Clarke, J.:. This is an action to foreclose a mechanic’s lien, and resulted in' a judgment in favor of plaintiff for the sum of $975. The notice filed was not a valid lien. “Under the statute any notice of lien must state, either explicitly or by plain inference, the value or the agreed price of the labor performed or materials furnished at the time of filing thereof.” (Finn v. Smith, 186 N. Y. 465.)
The notice at bar did not comply with this requirement. An, *156equitable action depends upon a valid lien. That riot existing; this judgment cannot be sustained. Nor can a personal judgment be…
2Cases cited1 opinion
- Finn v. . SmithNew York Court of Appeals · 1906
3Cited by2 opinions
- Forbes v. JenningsOregon Supreme Court · 1928
- Flaum v. . PicarretoNew York Court of Appeals · 1919