Ward v. . Kilpatrick
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 January 23, 1880, which affirmed a judgment' in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. It was error to receive evidence that the mirror frames became a part of the realty.
Read the full summary
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 January 23, 1880, which affirmed a judgment' in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. It was error to receive evidence that the mirror frames became a part of the realty. (Foote v. Beecher, 78 N. Y. 157; Ayers v. Water Comm’rs, 22 Hun, 299.) They were matters of furniture for which no lien could be had. (McKeage v. Hanover Ins. Co., 10 Weekly Dig. 195;…
1Opinion of the CourtFinch, J.
There is one serious question in this case, and a great many which may be disposed of without difficulty. As to the latter a very brief statement of our conclusions, must= suffice.
The action was to foreclose a mechanic’s lien under the act of 1875 (Chap. 379), applicable to the city of New York. The defendant was the owner of eight houses in process of construction, and had contracted with plaintiff for mirror frames to be set in the parlor and hall of each house; those in the halls to be arranged to serve the purpose of hat racks and umbrella stands. The work having been completed as…
2Cases cited4 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Fountain v. . PetteeNew York Court of Appeals · 1868
- Shaw v. SmithNew York Court of Appeals · 1867
3Cited by57 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Morton v. . TuckerNew York Court of Appeals · 1895
- Bloodgood v. LynchNew York Court of Appeals · 1944
- People v. VidalNew York Court of Appeals · 1970
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
52 more not listed; retrieve them via the Exa API.