Blauvelt v. . Woodworth
New York Court of Appeals
Appeal from the Supreme Court. This was a proceeding to enforce a mechanic’s lien under the act of April 16, 1852. (Laws of 1852, p. 611.) The referee found, in substance, as matter of fact, that the appellant contracted with Bobinson & Clough to build the house in question for the sum of $1,675. The respondent contracted with them to do the mason work for $307, he furnishing the necessary materials.
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Appeal from the Supreme Court. This was a proceeding to enforce a mechanic’s lien under the act of April 16, 1852. (Laws of 1852, p. 611.) The referee found, in substance, as matter of fact, that the appellant contracted with Bobinson & Clough to build the house in question for the sum of $1,675. The respondent contracted with them to do the mason work for $307, he furnishing the necessary materials. The work was completed and the contracts fulfilled in the early part of June, 1853. At this time there was due from the appellant to Bobinson & Clough over $500 on account of the contract. The…
1Opinion of the CourtPorter, J.
The proceeding was by a sub-contractor to enforce a mechanic’s lien against the owner, under chapter. 384 of the Laws of 1852.
By the provisions of the act in question, the mechanic, who furnishes materials or labor in the construction of a building in the county of Westchester, in conformity with a contract with the owner, has a specific statutory lien to a .limited extent, on the interest of the existing owner, and this may be enforced by judgment as in a personal action. He may lose, this lien by omitting to comply with the conditions prescribed by the act; but in the case at bar, no fact…
2Cases cited1 opinion
- Hauptman v. . CatlinNew York Court of Appeals · 1859
3Cited by22 opinions
- Colter v. FreseIndiana Supreme Court · 1873
- Great Southern Fire Proof Hotel Co. v. JonesSupreme Court of the United States · 1904
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Green v. WilliamsTennessee Supreme Court · 1893
- Glacius v. . BlackNew York Court of Appeals · 1876
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