Morgan v. Stevens
New York Court of Common Pleas
Foreclosure of mechanics’ lien. Trial by a referee. - This was an action by Patrick K. Morgan and others against Marietta R. Stevens and others, for the foreclosure of mechanics’ liens, filed on behalf of sub-contractor, under the law of 1863. The written contract, under which the work was done, was for Barbara H. Jones to erect the large extension to the Stevens’ house, upon the premises known as Nos. 228 and 230 Fifth avenue, in New York city, upon which were then standing…
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Foreclosure of mechanics’ lien. Trial by a referee. - This was an action by Patrick K. Morgan and others against Marietta R. Stevens and others, for the foreclosure of mechanics’ liens, filed on behalf of sub-contractor, under the law of 1863. The written contract, under which the work was done, was for Barbara H. Jones to erect the large extension to the Stevens’ house, upon the premises known as Nos. 228 and 230 Fifth avenue, in New York city, upon which were then standing two complete four-stóry houses. The contracts did not mention or provide for the removal of said houses, or the use of…
1Opinion of the Court
R. S. Guernsey, Esq., Referee.
There was some conflict of' evidence as to the value of the material taken out of those houses, but I have regarded it mainly as a question of law. It not being mentioned in the written contract, it might well be questioned whether any evidence should have been allowed upon the subject, as the contract covered the matter, although set up by the owners as a counter-claim and recoupment against the contractor and those claiming under her. I have disposed of it by the finding of fact as to the value of those two houses and their use by Jones, the contractor, and the…
2Cases cited14 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Campbell v. . SeamanNew York Court of Appeals · 1876
- New v. . NicollNew York Court of Appeals · 1878
- Long v. . WarrenNew York Court of Appeals · 1877
- De Barante v. . DeyermandNew York Court of Appeals · 1869
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3Cited by4 opinions
- Hutton Bros. v. Gordon, New York County Courts1893
- In re SharpNew York Surrogate's Court · 1887
- Crane v. McDonaldNew York Court of Appeals · 1890
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900