Mandeville v. Reed
New York Court of Appeals
Appeal from a judgment. This action was commenced in 1847, in the Mew York Common Pleas, to recover judgment for the amount of a mechanic’s lien upon real property of the defendants David B. and Eli H. Reed, for the sum of one hundred dollars. The defendants were the owners in severalty of two lots upon the Tenth Avenue, in the city of Mew York, at the time the plaintiff worked upon the buildings thereon erected.
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Appeal from a judgment. This action was commenced in 1847, in the Mew York Common Pleas, to recover judgment for the amount of a mechanic’s lien upon real property of the defendants David B. and Eli H. Reed, for the sum of one hundred dollars. The defendants were the owners in severalty of two lots upon the Tenth Avenue, in the city of Mew York, at the time the plaintiff worked upon the buildings thereon erected. They had made a joint contract with one Gillman, for the erection of buildings upon the two lots, providing for partial payments during the progress of the work, and payment in full…
1Opinion of the Court
By the Court.— Jewett, J.
—The two defendants, having made a joint contract in writing, with Gillman, for the erection of two houses, although one was to be, and was placed on a lot owned in severalty by one defendant, and the other on another lot owned in like manner by the other defendant, under the provisions of the Act of 1830 (Laws of 1830, ch. 330, 412), are jointly liable to the plaintiff, who performed the work in building the stairs in the houses respectively, if the plaintiff has complied, on his part, with the provisions of the statute, requisite to entitle one to obtain a lien, who…
2Cited by8 opinions
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- Fullerton v. LeonardSouth Dakota Supreme Court · 1892
- Smith v. BailyNew York Court of Common Pleas · 1878
- John P. Kane Co. v. KinneyNew York Supreme Court · 1901
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