Ombony & Dain v. Jones
New York Supreme Court
APPEAL by the defendant from a judgment entered at a special term, on the verdict of a jury. The action was brought to recover the value of' a wooden frame building, erected by one Ward Barmore upon the defendant’s premises, while said Barmore' occupied the same as tenant of one Winant, a lessee of the defendant, under a written agreement.
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APPEAL by the defendant from a judgment entered at a special term, on the verdict of a jury. The action was brought to recover the value of' a wooden frame building, erected by one Ward Barmore upon the defendant’s premises, while said Barmore' occupied the same as tenant of one Winant, a lessee of the defendant, under a written agreement. The plaintiffs claimed title to the building under a judgment rendered June 25, 1853, in proceedings instituted in pursuance of the provisions of the mechanics’ lien law, passed in 1852, for lumber and materials furnished between October 6, 1852, and…
1Opinion of the Court
By the Court, S. B. Strong, J.
The plaintiffs, in order to enforce or bring to a close their alleged lien, for materials furnished in constructing a building for one Ward Barmore, served a -notice personally on him, requiring him to a-ppear in this court, *528to be held in the county of Westchester, where the building was situated, and to submit to an accounting and settlement for such materials. Barmore made default, and a judgment was eventually obtained against him, under which an execution was issued, and the building was sold to Ingersoll &■ Clapp, who transferred it to the plaintiffs. The…
2Cited by3 opinions
- Dame v. DameSupreme Court of New Hampshire · 1859
- Otis v. CusackNew York Supreme Court · 1865
- Marsh v. BenedictNew York Supreme Court · 1878