Barton v. Herman
New York Court of Common Pleas
Motion to stay the entry of judgment, and set aside referee’s report. This was an action or proceeding brought by the plaintiff Wm. S. Burton, a subcontractor, against Isaac Herman, owner, and John Barry, contractor, to foreclose a mechanic’s lien on premises No. 19 East Fifteenth street, in the city of New York. The cause was referred to Thos. H. Landon, Esq., referee, to hear and determine.
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Motion to stay the entry of judgment, and set aside referee’s report. This was an action or proceeding brought by the plaintiff Wm. S. Burton, a subcontractor, against Isaac Herman, owner, and John Barry, contractor, to foreclose a mechanic’s lien on premises No. 19 East Fifteenth street, in the city of New York. The cause was referred to Thos. H. Landon, Esq., referee, to hear and determine. The matter was tried before the referee, and on the 27th day of April, 1870, he rendered his report in favor of said Barry for $3,745, and costs, subject to the payment of the lien Sled by the plaintiff…
1Opinion of the CourtLoew, J.
This court held at special term, in the case of Mathews v. Daly (7 Abb. N. S. 379, ante, p. 214, note), that notwithstanding an action has been commenced to enforce or foreclose a mechanic’s lien, under the Act of 1863 (Laws of 1863, chap. 500), such lien ceases and is at an end after one year from the creation thereof (unless continued by order of the court before the year expires); and further, that, in such a case, the lien having expired and absolutely ceased by its own limitation, no order discharging it is requisite.
The principles decided in that case have been affirmed by the general…
2Cases cited2 opinions
- Freeman & Wait v. CramNew York Court of Appeals · 1850
- Maltby v. GreeneNew York Court of Appeals · 1864
3Cited by2 opinions
- Gross v. DalyNew York Court of Common Pleas · 1875
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873