White v. Livingston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James White, from portions of a judgment of the Supreme Court in favor of certain of the defendants, • entered in the office of the clerk of the county of Putnam on the 21st day of January, 1901, upon the report of a referee, and also an appeal by the defendant, Edward Livingston, from the whole of said judgment.
1Opinion of the Court
The following is the opinion of the referee :
Hamilton Odell, Referee:
The action is brought to.foreclose a mechanic’s lien. The plain-, tiff is a sub-contractor. The defendant Livingston is the owner of the property. The defendants Mapes are the contractors. The' defendant Kimber is their assignee for the benefit of their creditors. The defendant .Weeks, as clerk of Putnam county, is alleged to have in his hands certain moneys deposited with him by Livingston for the purpose of discharging liens filed against the property, which liens, it is asserted, Were illegal and without force.. The other…
2Cases cited14 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Lauer v. . DunnNew York Court of Appeals · 1889
- Ming v. . CorbinNew York Court of Appeals · 1894
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
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3Cited by4 opinions
- Dempsey v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1919
- O'Brien v. GaribaldiCalifornia Court of Appeal · 1911
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916