Meehan v. Williams
New York Court of Common Pleas
Appeal from a judgment entered on the report of a referee, and the order confirming said report. This was a proceeding to foreclose a mechanic’s lien, under the Act of 1863, and was brought by the contractor against the owners and subsequent lienors. Issue having been joined, .the action was referred to Samuel F. Barger, Esq., to hear and determine the issues therein.
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Appeal from a judgment entered on the report of a referee, and the order confirming said report. This was a proceeding to foreclose a mechanic’s lien, under the Act of 1863, and was brought by the contractor against the owners and subsequent lienors. Issue having been joined, .the action was referred to Samuel F. Barger, Esq., to hear and determine the issues therein. On November 9th, 1864, the plaintiff, by a written contract with the defendants, George E. Williams and Sarah J. K. Williams, his wife, agreed to erect and finish a building, on 120th street, near Second avenue, owned at that…
1Opinion of the Court
By the Court.—Daly, F. J.
The evidence fully justified the finding of the referee, that the conveyance of the premises to John A. Williams was not bond fide, but was made with intent to defraud the plaintiff and defeat his lien. The plaintiff had a right to impeach its validity in this action. He had an incipient lien when this transfer was made, which became absolute, under the Act of May 5, 1863, when the notice was filed with the county clerk. The Act of 1863 provides that incumbrancers may be made parties in the action or proceeding, to enforce the lien. John A. Williams, to whom this…
2Cases cited7 opinions
- Smith v. GugertyNew York Supreme Court · 1848
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Hauptman v. . CatlinNew York Court of Appeals · 1859
- Flynn v. McKeonThe Superior Court of New York City · 1856
- Clute v. Fitch & GriswoldNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shute v. HamiltonNew York Court of Common Pleas · 1871
- Gross v. DalyNew York Court of Common Pleas · 1875
- Schneider v. HobeinNew York Court of Common Pleas · 1871
- Murray v. GeretyCity of New York Municipal Court · 1890
- Burt v. SaxtonNew York Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.