McGovern v. Eldredge
New York Court of Common Pleas
Appeal from ninth district court. Action by James McGovern, 9, subcontractor, against Jean M. Eldredge and another, owner and contractor, for the foreclosure of a mechanic’s lien claimed under the provisions of chapter 342, Laws 1885, the defense of the owner being payment to the contractor in full before notice of plaintiff’s lien was filed, and that the defendant contractor had not fully and substantially performed the agreement with the owner.
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Appeal from ninth district court. Action by James McGovern, 9, subcontractor, against Jean M. Eldredge and another, owner and contractor, for the foreclosure of a mechanic’s lien claimed under the provisions of chapter 342, Laws 1885, the defense of the owner being payment to the contractor in full before notice of plaintiff’s lien was filed, and that the defendant contractor had not fully and substantially performed the agreement with the owner. From a judgment for plaintiff, defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
We cannot reverse a judgment of a district court on the alleged ground that it is without evidence to support it, or that it is against the evidence or the weight of the evidence, if it affirmatively appears from the justice’s return that material evidence adduced on the trial is omitted, and that respondent could not have caused the omission to be supplied by means of an amended return. On the trial plaintiff’s notice of lien, the agreement entered into between defendant Eldredge, as owner, and defendant Lum, as contractor, for alterations to the farmer’s premises, and the specifications…
2Cases cited1 opinion
- Clark v. CarrollNew York Court of Common Pleas · 1881
3Cited by1 opinion
- Lees v. SanfordAppellate Division of the Supreme Court of the State of New York · 1944