Gibson v. . Lenane
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, entered upon an -order made the first Monday of January, 1882, which modified, and affirmed as modified, a judgment entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The referee’s conclusion of law, that the acceptances did not constitute a payment until they were “ actually paid,” was erroneous.
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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, entered upon an -order made the first Monday of January, 1882, which modified, and affirmed as modified, a judgment entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The referee’s conclusion of law, that the acceptances did not constitute a payment until they were “ actually paid,” was erroneous. (Post v. Campbell, 83 N. Y. 279, 284; Payne v. Wilson, 74 id. 348, 355-6; Crane v. Genin, 60 id. 127, 131; Southard v.…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff by this action seeks to foreclose a mechanic’s lien, arising under chapter 379 of the Laws of 1875, upon premises situated in the city of New York, belonging to Patrick and Thomas Lenane, and which lien was claimed to have been perfected by the filing of the proper papers therefor, on the 3d day of October, 1879.
The owners, and Smith & McKenzie, original contractors, and William Hall & Sons, prior lienors, were each made parties defendant to the foreclosure.
This lien was claimed to exist for the price of labor and materials furnished to Smith & McKenzie by the…
2Cases cited6 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Payne v. . WilsonNew York Court of Appeals · 1878
- Crane v. . GeninNew York Court of Appeals · 1875
- Post v. . CampbellNew York Court of Appeals · 1881
- Garrison v. MooneyNew York Court of Common Pleas · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Neeley v. SearightIndiana Supreme Court · 1888
- In re CramondDistrict Court, N.D. New York · 1906
- Chancellor v. MelvinMississippi Supreme Court · 1951
- Sheffield v. EarlyNew York Supreme Court · 1893
- Hagan v. American Baptist Home Missionary SocietyNew York Court of Common Pleas · 1887
16 more not listed; retrieve them via the Exa API.