Freeman & Wait v. Cram
New York Court of Appeals
Appeal from the New-York common pleas, where the judgment was in favor of the defendant on demurrer to pleas. The only question presented by the pleadings, in the court below, necessary now to be stated was whether, a mechanic’s lien in the city of New-York, under the act of April 29 th, 1844, for materials furnished upon a contract with the owner, expires at the end of a year from the time of its commencement, or whether by obtaining a judgment against the owner within the…
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Appeal from the New-York common pleas, where the judgment was in favor of the defendant on demurrer to pleas. The only question presented by the pleadings, in the court below, necessary now to be stated was whether, a mechanic’s lien in the city of New-York, under the act of April 29 th, 1844, for materials furnished upon a contract with the owner, expires at the end of a year from the time of its commencement, or whether by obtaining a judgment against the owner within the year, the lien may be prolonged and enforced afterwards. The facts material to this question stated in the pleadings,…
1Opinion of the CourtRuggles, J.
•The first section of the act (Laws of 1844, ch. 220) prescribes that any person who shall, by virtue of any contract with the owner thereof, perform any labor or furnish materials in building, altering or repairing any house or other building, in the city and county of New-Y ork, shall have a lien for the value of such labor and materials upon such house or building and appurtenances, and upon the lot of land on which the same stand, to the extent thereinafter prescribed,” &c.
By the second section, the person performing such labor, or furnishing such materials, is required to file the…
2Cited by13 opinions
- North Star Iron Works Co. v. StrongSupreme Court of Minnesota · 1884
- Mosher v. LewisNew York Court of Common Pleas · 1894
- Dailey v. CremenOregon Supreme Court · 1916
- Stone v. SmithNew York Court of Common Pleas · 1870
- Barton v. HermanNew York Court of Common Pleas · 1870
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