Lemieux v. English
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the plaintiff which was rendered by the District Court, in the city of New York, for the Tenth J udieial District. Action against the contractor and owners for the foreclosure of a lien claimed pursuant to the provisions of the Mechanics’ Lien Law (chapter 342, Laws 1885), for work performed upon the employment of the contractor, the lien having been discharged before suit by the deposit of the amount claimed with the county clerk.
1Opinion of the CourtBisohoee, J.
The judgment against the defendant owners is without support in the evidence and should be reversed.
The notice of lien was filed August 9, 1895, and from unchallenged and sufficient evidence the justice below found that *546the plaintiff was employed by the defendant English, the contractor, to do certain carpenter work upon a building of which the defendants McLaughlin and Bach were the owners, and that when the lien was filed there was due and owing to the plaintiff from English $57.75, as and for the fair and reasonable value of the work done.
It remained, however, for the plaintiff to show,…
2Cases cited1 opinion
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
3Cited by7 opinions
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Keavey v. De RagoAppellate Terms of the Supreme Court of New York · 1897
- La Pasta v. WeilAppellate Terms of the Supreme Court of New York · 1897
- Madden v. LennonAppellate Terms of the Supreme Court of New York · 1898
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