Burroughs v. Fosteran
New York City Court
Horace F. Burroughs and others brought this action against Mathew Fosteran and others, to foreclose a mechanic’s lien filed against Fosteran and Fagan as contractors, and the House of the Good Shepherd as owners. The appeal came before the court, from the judgment entered upon the report of the referee to whom the issues were referred for trial.
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Horace F. Burroughs and others brought this action against Mathew Fosteran and others, to foreclose a mechanic’s lien filed against Fosteran and Fagan as contractors, and the House of the Good Shepherd as owners. The appeal came before the court, from the judgment entered upon the report of the referee to whom the issues were referred for trial. The lien was filed April 29,1874, for brick and builders’ materials furnished to the contractors, and the claim was for $1,135.99, with interest from February 25,1874. The defendants, Fosteran and Fagan, answered separately, denying their joint…
1Opinion of the CourtMcCue, J.
[after stating the facts.]—The appeal presents two questions: 1st. As to the joint liability of the contractors ; and, 2nd. As to the right of the plaintiffs to a personal judgment against the contractors, where they fail to establish their right to a lien.
A third question is suggested affecting the regularity of the report, in this, that the referee failed to report whether there was any indebtedness from the owners to the contractors at the time of the filing of the lien. The omission of the referee to report upon this question is explained by the fact that the owners do not appear to have…
2Cases cited8 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Benton v. . WickwireNew York Court of Appeals · 1873
- Spencer v. . BarnettNew York Court of Appeals · 1866
- Moran v. . ChaseNew York Court of Appeals · 1873
- Donnelly v. LibbyThe Superior Court of New York City · 1869
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3Cited by1 opinion
- Myers v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1890