Legal Opinion

Brinckerhoff v. Board of Education

New York Court of Common Pleas

Decided June 15, 1868PublishedCited by 3 opinions

Appeal by the plaintiff from a judgment dismissing the complaint. The action was brought to foreclose a mechanic’s lien for labor done and materials furnished toward the erection of a public school building in the nineteenth ward of the city of New York.

1Opinion of the Court

By the Court.—Daly, F. J.

I expressed the opinion, in McMahon v. The Tenth Ward School Officers (12 Abb. 129), that a party who performed work toward the erection of a public school-house in the city of New York, had a lien upon the building, which could be enforced under the acts for the better security of mechanics and others erecting buildings, or furnishing materials therefor, in this city (Laws of 1851, ch. 513; of 1855, ch. 404). But the point was not taken in that case, nor necessarily involved, as the judgment was reversible upon other grounds. In the notice of lien, The Board of…

2Cited by3 opinions

  1. The FidelityU.S. Circuit Court for the District of Southern New York · 1879
  2. Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
  3. Bell v. VanderbiltNew York Court of Common Pleas · 1884

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