Bell v. Vanderbilt
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The action was brought to foreclose a mechanic’s lien claimed by plaintiff for materials furnished by him for the erection of a school building in the City of New York, upon moneys due from the defendants The Mayor, Aldermen and Commonalty of the City of New York, upon a contract with Peter Vanderbilt, also made a defendant, for the erection of such building.
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Appeal from a judgment of this court entered upon the report of a referee. The action was brought to foreclose a mechanic’s lien claimed by plaintiff for materials furnished by him for the erection of a school building in the City of New York, upon moneys due from the defendants The Mayor, Aldermen and Commonalty of the City of New York, upon a contract with Peter Vanderbilt, also made a defendant, for the erection of such building. The defendants Low, and the defendants Fordyce and Brown, and other defendants in their separate answers, set up claims to similar liens. The defendant Peter…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It was held by this court in 1868, in Brinokerhoff v. The Board of Fducation (2 Daly 443), and affirmed by the Court of Appeals, that the Mechanic’s Lien Law did not apply to the erection of a school house or of any building in the City of New York devoted to public uses; in consequence of which a statute was passed in 1878 to give a lien, not upon the building but upon the moneys due or to grow due for the. work done or materials furnished (L. 1878 p. 403). This act applied where labor and materials were furnished in pursuance óf a contract made with any…
2Cases cited6 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.New York Court of Appeals · 1881
- Rodbourn v. Seneca Lake Grape & Wine Co.New York Court of Appeals · 1876
- Brinckerhoff v. Board of EducationNew York Court of Common Pleas · 1868
- Rafter v. SullivanNew York Supreme Court · 1861
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