Kelsey v. Rourke
New York Supreme Court
This was an action brought to enforce a mechanic’s lien. The defendant Rourke entered into a contract with defendant Palmer, who was the owner of the property, to erect a building in the city of Albany. At the request of Rourke, the plaintiff furnished materials which were used in the construction of the building. One Ackerman, also a defendant, likewise furnished materials. All the parties resided in the county of Albany.
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This was an action brought to enforce a mechanic’s lien. The defendant Rourke entered into a contract with defendant Palmer, who was the owner of the property, to erect a building in the city of Albany. At the request of Rourke, the plaintiff furnished materials which were used in the construction of the building. One Ackerman, also a defendant, likewise furnished materials. All the parties resided in the county of Albany. At the Albany circuit, October 6th, 1875, this cause was referred to Joseph M. Lawson, Esq., attorney at law, of the city of Albany, to hear and determine the same. The…
1Opinion of the Court
The following opinion was delivered by the referee:
Action to enforce or foreclose a mechanic’s lien, under chapter 489, Laws of 1873.
Notice to effect lien was filed in the office of the clerk of Albany county, August 11, 1874.
Notice and bill of particulars, verified in proceedings to enforce or foreclose the lien, were served on Palmer, owner, and Ackerman, a claimant, August 9, 1875; and were, on August 10,1875, delivered to the sheriff of Albany county to be served on Rourke, contractor, but not served on him until September 2, 1875.
Rourke moves for dismissal, on the ground that the action…
2Cases cited1 opinion
- Grant v. Van DercookNew York Supreme Court · 1869
3Cited by3 opinions
- Martin v. de CoppetNew York Supreme Court · 1909
- Burroughs v. FosteranNew York City Court · 1877
- Neuchatel Asphalt Co. v. Mayor of New YorkNew York Court of Common Pleas · 1894