Whipple v. . Christian
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order reversing judgment in favor of plaintiff, and directing and dismissing plaintiff’s complaint. (Eeported below, 15 Hun, 321.) This was an action to redeem certain premises situated in the village of Canandaigua.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order reversing judgment in favor of plaintiff, and directing and dismissing plaintiff’s complaint. (Eeported below, 15 Hun, 321.) This was an action to redeem certain premises situated in the village of Canandaigua. Defendant claimed title under a foreclosure sale, made in January, 1868. The mortgages foreclosed were executed in 1858,, and the foreclosure suit was commenced in August, 1867. In September, 1866, plaintiff claiming to have a debt against the…
1Opinion of the Court
Daítfobth, J.
The plaintiff prevailed at the Special Term; the court holding, that his proceedings to acquire a lien as material-man were well taken, under the act of 1854, chapter 402, and therefore that his claim filed in the office of the town clerk of Canandaigua was sufficient. The General Term reversed the judgment which depended upon that fact, and held that the notice to be effectual, should have, been filed in the office of the clerk of the county of Ontario.
What docs this statute require ? The first act to which our attention is called, was passed May 7, 1844 (chap. 305, ■Laws of…
2Cases cited2 opinions
- In the Matter of the EvergreensNew York Court of Appeals · 1872
- Village of Gloversville v. . HowellNew York Court of Appeals · 1877
3Cited by18 opinions
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- Aldinger v. PughNew York Supreme Court · 1890
- People ex rel. Strough v. Board of County CanvassersNew York Supreme Court · 1894
- Reynolds v. City of Niagara FallsNew York Supreme Court · 1894
- Casterton v. Town of ViennaAppellate Division of the Supreme Court of the State of New York · 1897
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