Stryker v. . Cassidy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and ordering a new trial. (Reported below, 10 Hun, 18.) This action was brought to enforce a mechanic’s lien, under . the mechanics’ lien law for the counties of Kings and Queens.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and ordering a new trial. (Reported below, 10 Hun, 18.) This action was brought to enforce a mechanic’s lien, under . the mechanics’ lien law for the counties of Kings and Queens. (Chap. 478, Laws of 1862.) The lien claimed was for the services of plaintiff, as architect in superintending the building, altering and repairing of certain houses upon premises of defendant and under a contract with him.1 The facts appear…
1Opinion of the CourtAndrews, J.
This case presents the question whether an architect employed by the owner, to superintend the erection or alteration of a house or other building, is entitled under the act (chap. 478, of the Laws of 1862), to a lien upon the premises for the value of his services, on filing the notice provided in the act. The act authorizes a lien to be created in favor of “ any person who shall perform any labor, or. furnish any materials, in building, altering, or repairing any house, etc., by virtue of any contract with the owner,” etc. This language is general and comprehensive, and its natural and…
2Cases cited2 opinions
- Aikin v. . WassonNew York Court of Appeals · 1862
- Williams v. . GlennyNew York Court of Appeals · 1857
3Cited by51 opinions
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Gould v. McCormickWashington Supreme Court · 1913
- Hughes v. TorgersonSupreme Court of Alabama · 1892
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