Smith v. Baily
New York Court of Common Pleas
Trial at special term. This action was brought to foreclose a mechanic’s lien on premises No. 571 Second Avenue, in the city of New York, filed by the plaintiffs, Jarvis B. Smith & Co., sub-contractors..
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Trial at special term. This action was brought to foreclose a mechanic’s lien on premises No. 571 Second Avenue, in the city of New York, filed by the plaintiffs, Jarvis B. Smith & Co., sub-contractors.. The defendants Baily & Eldred were contractors, the defendant Mrs. Mary A. Cavanagh was the owner, the defendant James Cavanagh ivas her husband and agent, and the defendant John I. Lawrence was an assignee for the benefit of the creditors of Baily & Eldred, who became insolvent before the completion of their contract, and while a portion of the contract price was not yet paid them. After the…
1Opinion of the CourtJoseph F. Daly, J.
The right of a sub-contractor to file notice of claim, and acquire a lien and the right to payment out of moneys due the contractor, is not cut off by an assignment for the benefit of creditors made by the contrac*130tor before the filing of the lien (Oates v. Haley, 1 Daly, 338 ; Mandeville v. Reed, 13 Abb. Pr. 173 [Ct. App.]). But the assignee has the right to contest the validity of the lien upon every ground available to the owner of the premises. The contractor has the right to show its invalidity for failure to comply with the statutory requirements. Although, on failure of the lien,…
2Cases cited2 opinions
- Mandeville v. ReedNew York Court of Appeals · 1850
- Oates v. HaleyNew York Court of Common Pleas · 1863
3Cited by6 opinions
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Reading Hardware Co. v. City of New YorkNew York Supreme Court · 1899
- In re RoeberDistrict Court, E.D. New York · 1902
- John P. Kane Co. v. KinneyNew York Supreme Court · 1901
- Deady v. FinkCity of New York Municipal Court · 1889
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