Post v. . Campbell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made June 14, 1879, reversing a judgment in favor of plaintiffs and defendant Murray, entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made June 14, 1879, reversing a judgment in favor of plaintiffs and defendant Murray, entered upon the report of a referee. (Reported below, 18 Hun, 51.) This action was brought by plaintiffs, as sub-contractors, to foreclose a mechanic’s lien upon property in the city of Brooklyn, claimed to have been acquired under the lien law applicable to the counties of Kings and Queens (chap. 478, Laws of 1862). The facts pertinent to the questions discussed are stated in the opinion. The plaintiffs’ notice…
1Opinion of the CourtRapallo, J.
We concur in the conclusion of the learned referee in respect to the construction of the lien law applicable to Kings and Queens counties (Laws of 1862, chap. 478, § 1), which provides for disallowing as against lienors any payment made “ by collusion, for the purpose of avoiding the provisions of this act, or in advance of the terms of any contract.” We think that the intention; of this provision was to exclude payments made either by collusion or in advance of the terms of the contract. It is, perhaps, possible to construe the provision so as to make the" word “ collusion ” apply both to…
2Cases cited1 opinion
- Cheney v. . Troy Hospital AssociationNew York Court of Appeals · 1875
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- Tommasi v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1906
- Hilton Bridge Construction Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1895
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