Collins v. Ellis
New York Supreme Court
Error from the New York common pleas. Ellis sued Collins under the act for the better security of mechanics and others erecting buildings in the city of New York, commonly called the lien law, and the act amending the same.
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Error from the New York common pleas. Ellis sued Collins under the act for the better security of mechanics and others erecting buildings in the city of New York, commonly called the lien law, and the act amending the same. See Statutes, sess. of 1830, p. 412, and sess. of 1832, p. 181. Collins had entered into a contract with one John G. Young, whereby the latter engaged to do the carpenter work according to a specified plan of four houses then erecting by Collins in the city of New York, for which he was to receive $3800 in certain specified instalments as the work progressed. Before the…
1Opinion of the Court
By the Court,
Cowen, J.
There is no foundation for objecting to the account, as not properly attested. This attestation was of course not evidence upon the trial. The object of the act, in requiring it, was to prevent the introduction of captious and unfounded claims against those who employ building contractors. It intended, therefore, that the plaintiff should sustain it by his own oath, as proof preliminary to the bringing of an action, like the proof of loss which is often required of the assured by policies of insurance. The section in question speaks of an attested account merely, without…
2Cases cited11 opinions
- Brewster v. CountrymanNew York Supreme Court · 1834
- Lessee v. DunningSupreme Court of the United States · 1792
- Purviance v. DrydenSupreme Court of Pennsylvania · 1817
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
- Haswell v. GoodchildNew York Supreme Court · 1834
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3Cited by14 opinions
- Dudley v. BollesNew York Supreme Court · 1840
- Fehling v. GoingsNew Jersey Court of Chancery · 1904
- Horine v. Horine & FunkSupreme Court of Missouri · 1848
- Jones v. LowellSupreme Judicial Court of Maine · 1853
- Ellis v. LauveSupreme Court of Louisiana · 1849
9 more not listed; retrieve them via the Exa API.