Ogden v. . Alexander
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 2, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action for the foreclosure of a mechanic’s lien. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 2, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action for the foreclosure of a mechanic’s lien. The facts, so far as material, are stated in the opinion. The plaintiff, as assignee or purchaser of the claim of Oliver & Ogden against Horace Hill, was not authorized by chapter 342, Laws of 1885, to file a lien against this property. (Rollins v. Cross, 45 N. Y. 766 ; Menagh v. Whitwell, 52 id. 146; Stanton…
1Opinion of the CourtFinch, J.
The claim of the plaintiff, Ogden, to enforce a mechanic’s lien against the property of the owner, Alexander, is resisted upon two principal grounds. The latter had made a contract with Hill for the erection of a house. By its terms Hill was to furnish all necessary labor and materials, and receive as compensation $3,425, payable in specified installments at agreed stages of the work. Hill contracted with the firm of Oliver & Ogden to do the plumbing of the house, and supply and set a furnace therein, and they entered upon the performance of the work. While so engaged, and before its…
2Cases cited2 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Wheeler v. . ScofieldNew York Court of Appeals · 1876
3Cited by28 opinions
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Murphy v. WilliamsTexas Supreme Court · 1910
- Dean v. DeanNew York Court of Appeals · 1925
- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
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