Husted v. . Mathes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to foreclose a mechanics’ lien upon certain premises situate in the county of Westchester, for materials alleged to have been furnished and used in the construction of a building erected thereon.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to foreclose a mechanics’ lien upon certain premises situate in the county of Westchester, for materials alleged to have been furnished and used in the construction of a building erected thereon. At the time of the furnishing of the materials and the filing of the lien the premises were owned by defendant Catharine Storms, a married woman. The referee found that the building was erected and…
1Opinion of the CourtDanfokth, J.
The facts found by the referee bring the case within the provisions of the “ act for the better security of mechanics and others erecting buildings in the county of Westchester,” etc. (Chap. 402, Laws of 1854, as amended by the act of 1873, chap. 489.) By these statutes whenever the owner of land consents to the erection of a building upon it, a lien is given to persons furnishing materials used in its erection. The defendant' (Catharine Storms) was informed of the intended improvement, and knew of the work while it was in progress. She received .the benefit willingly. This we think…
2Cases cited3 opinions
- Jones v. . WalkerNew York Court of Appeals · 1875
- Yale v. . DedererNew York Court of Appeals · 1877
- Ainsley v. MeadNew York Supreme Court · 1870
3Cited by27 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Rice v. . CulverNew York Court of Appeals · 1902
- Otis v. . DoddNew York Court of Appeals · 1882
- Havens v. West Side Electric Light Co.New York Supreme Court · 1892
- Mosher v. LewisNew York Court of Common Pleas · 1894
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