Schmohl v. O'Brien
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an affirmance by the General Term of the City Court of New York of a judgment rendered by the court, without a jury, in an action to foreclose a mechanic’s lien. The opinion states the material facts.
1Opinion of the CourtGiegerich, J.
This was a subcontractor’s action to foreclose a mechanic’s lien, and the trial resulted in favor of the defendant owner, the court having found that nothing was due the principal contractors who were in default of the contract, and that the owner had expended the full contract price, by payment to the contractors or by meeting the expense of completing the work after the contractors had abandoned it.
The contract provided for the owner’s completion upon the contractor’s default; therefore the subcontractor’s lien would attach to any balance remaining in the owner’s hands, over the contract…
2Cases cited2 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Morowski v. RohrigNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Riley v. KenneyCity of New York Municipal Court · 1900
- Dyer v. OsborneAppellate Terms of the Supreme Court of New York · 1899