De Klyn v. . Gould
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 11,1898, reversing a judgment in favor of plaintiff entered upon the report of a referee/ in an action to foreclose a mechanic’s lien against the respondent, the owner of premises on West Twenty-third street, New York, and the other defendants. The facts, so far as material, are stated in the opinion. The merits of plaintiff’s claim were fully established.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 11,1898, reversing a judgment in favor of plaintiff entered upon the report of a referee/ in an action to foreclose a mechanic’s lien against the respondent, the owner of premises on West Twenty-third street, New York, and the other defendants. The facts, so far as material, are stated in the opinion. The merits of plaintiff’s claim were fully established. Where the owner consents to making the alterations," imposes no special limitation as to the manner in which they shall be…
1Opinion of the CourtLandon, J.
The notice of lien stated “ That the name of the owner against whose interest a lien is claimed is Simpson 'Company.’.’ It did not contain the name or designation, true or false, of any other person or party against whose interest a lien was claimed.
Section 4 of the Mechanics’ Lien Law (Chap. 342, Laws of 1885), under which this notice of lien was filed, requires that the notice shall contain “ the name of the owner, lessee, general assignee or person in possession of the premises against whose interest a lien is claimed.” The statute does not invite the suppression of names; it requires the…
2Cases cited8 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Spruck v. . McRobertsNew York Court of Appeals · 1893
- Havens v. West Side Electric Light Co.New York Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Church E. Gates & Co. v. National Fair & Exposition Ass'nNew York Court of Appeals · 1919
- Jones v. . MenkeNew York Court of Appeals · 1901
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
- Union Indemnity Co. v. Benton County Lumber Co.Supreme Court of Arkansas · 1929
- Tinsley v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
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