Mathews v. Daley
New York Court of Common Pleas
Motion to discharge a mechanic’s lien. It appeared that the plaintiff was the owner of premises No. 38 Broad-street, in the city of New York; that in August, 1865, he entered into a contract with the defendant Jones for the erection of a building on said lot; that said Jones made a sub-contract with one Jojme for the carpenter work ; that in order to carry out his said contract Joyce made parol agreements with the defendant Daly and others, in pursuance of which they…
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Motion to discharge a mechanic’s lien. It appeared that the plaintiff was the owner of premises No. 38 Broad-street, in the city of New York; that in August, 1865, he entered into a contract with the defendant Jones for the erection of a building on said lot; that said Jones made a sub-contract with one Jojme for the carpenter work ; that in order to carry out his said contract Joyce made parol agreements with the defendant Daly and others, in pursuance of which they performed labor and furnished materials for the erection of said building. The work having been subsequently abandoned by…
1Opinion of the CourtLoew, J.
Under the mechanics’ lien law of 1863 {Laws of 1863, ch. 500) a lien ceases after one year from the time of filing the notice of lien, unless by an order of the court, obtained before the expiration of the year, the lien is continued, and a new docket made stating such fact (section 11 of the act; Welch v. Mayor, &c., 19 Abb. Pr., 132; Poerschke v. Kedenburg, 6 Abb. Pr. N. S., 172). And it makes no difference that a proceeding was commenced before the expiration of the year, to enforce or foreclose such lien. The decision of this court in the case of Paine v. Bonney (4 E. D. Smith, 734),…
2Cases cited2 opinions
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Welch v. Mayor of New YorkNew York Court of Common Pleas · 1865