Ferguson v. Burk
New York Court of Common Pleas
Action by a material man, against the owner of a bidlding, to enforce an alleged lien, under the act “ for the better security of mechanics and others,” passed July 11,1851. The facts disclosed at the trial are distinctly stated in the opinion of Hn/ron, J., delivered at the general term.
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Action by a material man, against the owner of a bidlding, to enforce an alleged lien, under the act “ for the better security of mechanics and others,” passed July 11,1851. The facts disclosed at the trial are distinctly stated in the opinion of Hn/ron, J., delivered at the general term. The cause was tried before one of the judges of the court without a jury, when the following decision was rendered: “ 1st. That the plaintiff, on the 22d day of June, 1855, acquired a lien upon the premises described in the complaint, of which the defendant was then the owner, in the manner prescribed by…
1Opinion of the Court
By the Court.
Hilton, J.
On June 22d, 1855, the plaintiff filed a notice, pursuant to the provisions of the mechanics’ lien law, claiming a lien upon the lot and building number 47 Crosby street, in this city, for materials furnished in conformity with the original contract for the erection of such building, made between Elias Marcus, as contractor, and the defendant, as owner.
The contract bears date March 19th, 1855, and by its terms Marcus agreed to erect and finish, and provide all manner of materials and labor for the building, on or before the 15th of June following; and if at any time…
2Cited by1 opinion
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