Darrow v. . Morgan
New York Court of Appeals
Appeal by defendant Morgan from the judgment of the General Term of the Hew York Common Pleas, affirming a judgment entered upon the report of a referee in favor of the respondents. This action was brought by plaintiff to foreclose mechanic’s lien upon certain houses and lots situate in the city of Mew York.
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Appeal by defendant Morgan from the judgment of the General Term of the Hew York Common Pleas, affirming a judgment entered upon the report of a referee in favor of the respondents. This action was brought by plaintiff to foreclose mechanic’s lien upon certain houses and lots situate in the city of Mew York. One Coulter, in 1869, contracted with the defendant Morgan, as owner, to build for her six buildings in the city of Mew York, and entered upon the execution of the contract. Plaintiff furnished to him certain materials which were used in the construction of such buildings and filed this…
1Opinion of the Court
Earl, C.
So far as I deem it important, I will consider separately the grounds upon which the appellant seeks a reversal of the judgment.
(1.) It is claimed that plaintiff lost his right to enforce his lien by not commencing proceedings to foreclose the lien within ten days after fifing it. The Hew York city fien law (chapter 500, § 4, Laws of 1863) provides that “ any person or persons having filed a notice of lien, may, in ten days thereafter, institute a proceeding to enforce or foreclose the lien.” It is claimed on the part of the appellant that the proceedings must be instituted witfvm ten…
2Cases cited1 opinion
- Welch v. Mayor of New YorkNew York Court of Common Pleas · 1865
3Cited by12 opinions
- Noce v. KaufmanNew York Court of Appeals · 1957
- Harper Lumber & Manufacturing Co. v. C. O. TeateSupreme Court of Florida · 1929
- Madison Lexington Venture v. Thomas Crimmins Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Barnes Construction Corp. v. St. Bonaventure UniversityNew York Supreme Court · 1986
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