McElwee v. Sandford
New York Court of Common Pleas
Demurrer to the complaint, in an action to foreclose a mechanici’s lien under the act chapter 379, Laws of 1875.
1Opinion of the CourtJ. F. Daly, J.
The complaint is defective, as it sets forth an insufficient notice of claim filed pursuant to section 5 of the act. The complaint avers that the owner of the premises is Elizabeth Meehan. The notice of claim sets forth that the “ labor was performed and materials furnished for the said Henry S. Sanford, the contractor, at the instance of James Meehan, the owner,” and also that the “buildings are owned by James Meehan.” The verification of the notice of claim is that the claimant “ has read the notice and knows the con*90tents thereof, and that the same is true to his own knowledge.” The…
2Cited by7 opinions
- Malter v. Falcon Mining Co.Nevada Supreme Court · 1883
- Waters v. JohnsonMichigan Supreme Court · 1903
- Fidelity Storage Corp. v. Trussed Concrete Steel Co.District of Columbia Court of Appeals · 1910
- Leiegne v. SchwarzlerNew York Court of Common Pleas · 1884
- Sprague Investment Co. v. Mouat Lumber & Investment Co.Colorado Court of Appeals · 1899
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