Sage v. Stafford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nelson A. Stafford, from a judgment of the County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 1st day of February, 1899, upon the decision of the court. The action was brought to enforce a mechanic’s lien against property, described _ in certain notices of liens, which was the property of David L. Tait at the time the notices were filed.
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Appeal by the defendant, Nelson A. Stafford, from a judgment of the County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 1st day of February, 1899, upon the decision of the court. The action was brought to enforce a mechanic’s lien against property, described _ in certain notices of liens, which was the property of David L. Tait at the time the notices were filed. In proceedings in bankruptcy George Anderson was appointed trustee of the property of the defendant David L. Tait. In the judgment it is adjudged as follows: “ That the lien of the…
1Opinion of the Court
Hardin, P. J.:
The Lien Law in force at the time the question involved in this case arose is found in chapter 418 of the Laws of 1897. (Session Laws, p. 514.)
The appellant having performed labor for Tait was entitled, pursuant to section 3 of the act referred to, to have a lien for the price of such labor, or materials, upon the real property of the said Tait “ from the time of filing a notice of such lien as prescribed.”
Section 9 prescribes the contents of a notice of lien, and no question is made but that the appellant’s notice complied with the requirements of that section in its…
2Cases cited12 opinions
- Kruse v. WilsonIllinois Supreme Court · 1875
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Farmer's Bank of Virginia v. GettingerWest Virginia Supreme Court · 1870
- Cook v. Jenkins & Co.Supreme Court of Iowa · 1871
- White v. CaseyTexas Supreme Court · 1860
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3Cited by4 opinions
- People ex rel. Fifth Avenue & 37th Street Corp. v. MillerAppellate Division of the Supreme Court of the State of New York · 1941
- Barthelmues v. IvesNew Rochelle City Court · 1948
- Herrick v. First National BankCourt of Appeals for the Ninth Circuit · 1923
- In re James Passero & Sons, Inc.New York Supreme Court · 1931