Dowdney v. McCullom
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This was an action under the statute in relation to mechanics’ liens in the city of New York (chap. 500, Laws of 1863), to foreclose a mechanic’s lien upon certain premises in said city.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This was an action under the statute in relation to mechanics’ liens in the city of New York (chap. 500, Laws of 1863), to foreclose a mechanic’s lien upon certain premises in said city. Defendant, prior to October 14, 1871, was the owner of fourteen lots on Seventy-fourth and Seventy-fifth streets. He had contracted with one Orlando S. Williams, Jr., .to erect buildings thereon. On said day…
1Opinion of the CourtGrover, J.
By the assignment of Williams to the defendant of his contract with the plaintiff, and the undertaking of the former upon a sufficient consideration with Williams to perform the same on his part, the defendant became liable to the plaintiff, the same as though he had originally contracted with him instead of Williams. The plaintiff insists that, upon performance by him he was entitled to be paid $23,000 ; $14,000 of which, at the option of the defendant, might be paid by conveying to him a house and lot, as specified in the contract. But, in case of the failure or neglect of the defendant to…
2Cases cited3 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Camp v. MorseNew York Supreme Court · 1848
3Cited by4 opinions
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