Cornell v. . Barney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 23, 1881, which affirmed a judgment in favor of defendant Barney, entered upon a decision of the court on trial at Special Term. (Reported below, 26 Hun, 134.) This was an action to foreclose an alleged mechanic’s lien. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 23, 1881, which affirmed a judgment in favor of defendant Barney, entered upon a decision of the court on trial at Special Term. (Reported below, 26 Hun, 134.) This was an action to foreclose an alleged mechanic’s lien. The material facts are stated in the opinion. By chapter 379 of the Laws of 1875, the legislature intended to enlarge the remedy afforded by the former acts on the same subject. (Heckman v. Pinkney, 81 N. Y. 216; Hackett v. Badeau, 63 id. 478;…
1Opinion of the CourtEarl, J.
In June, 1877, the respondent Barney entered into an agreement with the defendant Salem, whereby he leased to Salem a lot of land, situate in the city of Hew York, to hold from that date for fifteen years from the first day of January thereafter, for the yearly rent, payable quarterly, of §4,100, besides taxes and assessments, and Salem agreed before the first day of January to erect upon the lot a building which was to cost and to be fully worth the sum of $50,000. Barney agreed to loan and advance to Salem from time to time during the progress of the building, the sum of $25,000, no part of…
2Cases cited4 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Brown v. ZeissNew York Court of Common Pleas · 1880
- Burbridge v. MarcyNew York Court of Common Pleas · 1878
3Cited by21 opinions
- Neeley v. SearightIndiana Supreme Court · 1888
- Mahoning Park Co. v. Warren Home Development Co.Ohio Supreme Court · 1924
- Stetson-Post Mill Co. v. BrownWashington Supreme Court · 1899
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
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