Roberts v. Fowler
New York Court of Common Pleas
Proceedings to foreclose a mechanic’s lien. This was an action by Edward Eoberts, as assignee of a contractor, upon a building contract, against Baltis M. Fowler.
Read the full summary
Proceedings to foreclose a mechanic’s lien. This was an action by Edward Eoberts, as assignee of a contractor, upon a building contract, against Baltis M. Fowler. The assignment upon which the plaintiff claimed purported to vest in him the claims held by his assignor against the defendant ; and also, “ all rights, securities, liens, and remedies consequent upon or incident thereto.”. The cause being called on for trial, was submitted to the court upon the question, whether an assignee could create and enforce a lien .under the Mechanic’s Lien Law;—if the court should be of the opinion that he…
1Opinion of the Court
Ingraham, F. J.
—The question submitted to me in this case is, whether the assignee of a claim for work, labor, or materials furnished towards the erection of a building, can file the notice and thereby create a lien under the act commonly called the Mechanic’s Lien Law.
We have heretofore held that the powers conferred by this act were of such a nature as to call for a strict construction of the act in enforcing them. Unless, therefore, the statute authorizes such a proceeding on the part of the assignee, there is no authority for him to claim from the owner of property money to which…
2Cited by2 opinions
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873