Legal Opinion

Egan v. Laemmle

New York Court of Common Pleas

Decided October 2, 1893PublishedCited by 4 opinions

Appeal from third district court. Action by John Egan, material man, against Joseph Laemmle and another, owner and contractor, to establish a lien for the unpaid purchase price of certain lumber furnished and used for alterations and repairs. The district court gave judgment establishing the lien, and directing that it be foreclosed, and the property sold to satisfy the same. The defendant Laemmle, the owner of the premises, appeals.

1Opinion of the CourtBischoff, J.

This action was brought by plaintiff, a material man, against the defendants, the contractor and owner, to foreclose a mechanic’s lien claimed under the provisions of the mechanic’s lien law (Laws 1885, c. 342) for the unpaid purchase price of certain lumber furnished to the contractor and used by the latter in making certain alterations and repairs at the owner’s request. On the trial it was shown without contradiction that the lumber was sold, delivered, and used as plaintiff claimed. It further appeared from sufficient evidence that the purchase price of the lumber remained unpaid; that…

2Cases cited1 opinion

  1. Jennings v. Newman, New York County Courts1876

3Cited by4 opinions

  1. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. State Ex Rel. Womack v. JonesSupreme Court of Louisiana · 1942
  3. Nelson v. HajekAppellate Terms of the Supreme Court of New York · 1910
  4. Nelson v. HajekNew York Supreme Court · 1910

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