Butler v. Flynn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. F. Flynn, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 6th day of Eovember, 1899, upon the decision of the court, rendered after a trial at the Richmond Special Term, adjudging that the plaintiffs have a good and valid mechanic’s lien upon all the right, title and interest of said Flynn and Hartung and each of them to the lands in said judgment described,…
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Appeal by the defendant, John T. F. Flynn, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 6th day of Eovember, 1899, upon the decision of the court, rendered after a trial at the Richmond Special Term, adjudging that the plaintiffs have a good and valid mechanic’s lien upon all the right, title and interest of said Flynn and Hartung and each of them to the lands in said judgment described, and directing a sale thereof and the payment to the plaintiff, out of the proceeds of the sale, of the sum of $2,900.08…
1Opinion of the Court
Goodrich, P. J.:
The action ivas brought to foreclose a mechanic’s lien upon property owned by. the defendant Flynn. The question involved is whether Flynn consented to the contract for the work done and materials furnished by the plaintiffs in the erection of a building upon premises of which the defendant Hartung had been in *226possession for several years, as tenant under a yearly lease, the term being from May to May. In the autumn of ■ 1898 Hartung and Flynn entered into an Oral contract' by which the former was to purchase the property for $5,800, to be-paid on November 1, 1898, the timé…
2Cited by7 opinions
- Ætna Elevator Co. v. DeevesAppellate Division of the Supreme Court of the State of New York · 1908
- Eisenson Electric Service Co. v. WienNew York Supreme Court · 1961
- G & H Plumbing & Heating Co. v. Kew Management Corp.Civil Court of the City of New York · 1963
- Jewett Refrigerator Co. v. LawlessNew York Supreme Court · 1923
- Meistrell v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1911
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