Hagan v. American Baptist Home Missionary Society
New York Court of Common Pleas
Appeal from an order of this court at Special Term confirming a referee’s report and the judgment thereon. The facts are stated in the opinion.
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Appeal from an order of this court at Special Term confirming a referee’s report and the judgment thereon. The facts are stated in the opinion. It was competent for Garnsey to provide in his first contract with Warren for the payment of the latter in any way that they might agree upon (Dowdney v. McCullom, 59 N. Y. 367; Crane v. Genin, 60 N. Y. 127; Payne v. Wilson, 74 N. Y. 348; Gibson v. Lenane, 94 N. Y. 187). It is only to the extent of what is due or is to become due to the sub-contractor upon his.contract that the lien can attach (Lumbard v. Syracuse &c. R. Co., 55 N. Y. 491). The right…
1Opinion of the Court
Bookstaver, J. —
This is a proceeding to foreclose a mechanic’s lien on premises belonging to the defendant society, situate on the east side of Lexington Avenue, between 107th and 108th Streets, and on the southerly side of 108th Street, east of Lexington Avenue.
The defendant society is a domestic corporation,, having its place of business in the City of New York. On the 7th of February, 1885, this society entered into a contract with the defendant Erasmus D. Garnsey, by which the latter agreed to complete six unfinished buildings on the above mentioned premises, for the sum of $16,000, to be…
2Cases cited10 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Gibson v. . LenaneNew York Court of Appeals · 1883
- Carman v. . McIncrowNew York Court of Appeals · 1855
- Crane v. . GeninNew York Court of Appeals · 1875
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- French v. . BauerNew York Court of Appeals · 1892
- Weisman v. City of BuffaloNew York Supreme Court · 1890
- French v. BauerNew York Court of Common Pleas · 1890
- Robbins v. ArendtNew York Court of Common Pleas · 1893
- Vogel v. WhitmoreNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.