Myers v. Uptegrove
City of New York Municipal Court
Trial by the court without a jury. Tbe defendants sawed timber for Fitzpatrick & Co., lumber-merchants, and their bill, aggregating $761.09, became due in June, 1885. After pressing Fitzpatrick & Co. for payment, the; defendants, on August 12, 1885, accepted Fitzpatrick & Co.’s note, payable in two months thereafter to the defendants’ order.
Read the full summary
Trial by the court without a jury. Tbe defendants sawed timber for Fitzpatrick & Co., lumber-merchants, and their bill, aggregating $761.09, became due in June, 1885. After pressing Fitzpatrick & Co. for payment, the; defendants, on August 12, 1885, accepted Fitzpatrick & Co.’s note, payable in two months thereafter to the defendants’ order. The defendants indorsed the note and had it dis- ■ counted by the First National Bank of Middletown, N. Y. On the 26th of August, 1885, Fitzpatrick & Co., in consideration ■ of a precedent debt, transferred the lumber to the plaintiff, who demanded it…
1Opinion of the Court
Me Adam, O. J.
It is conceded that the defendants having, •by their.labor and skill, imparted additional value to the timber, .acquired a common law lien, which gave them the right to detain the property till reimbursed for their expenditure and labor, and -unless it has been lost by reason of the facts above - detailed, the lien justified the defendants in refusing to deliver the property to the plaintiff without prepayment, and furnishes a complete defense to the action. The plaintiff merely suc- ■ ceeded to the title of Fitzpatrick & Co., and has no greater .-rights or equities than that…
2Cases cited10 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Noel v. . MurrayNew York Court of Appeals · 1855
- Morgan v. . CongdonNew York Court of Appeals · 1851
- Roberts v. . FisherNew York Court of Appeals · 1870
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
5 more not listed; retrieve them via the Exa API.