Van Denburgh v. President & Trustees of Village of Greenbush
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 4 Hun, 795.) This action was brought to foreclose a mechanic’s lien for materials furnished by plaintiffs to a contractor for the erection of two engine-houses in the village of Greenbush, Rensselaer county.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 4 Hun, 795.) This action was brought to foreclose a mechanic’s lien for materials furnished by plaintiffs to a contractor for the erection of two engine-houses in the village of Greenbush, Rensselaer county. A notice of lien was filed December 17, 1872, with the town clerk of the town of Greenbush, in which town said village is located. The notice of lien should have been filed in the office of the…
1Opinion of the CourtEarl, J.
It is claimed on the part of defendants that at the time the plaintiffs furnished the materials for which they claim their lien, the law required that the notice of the lien should .be filed in the county clerk’s office instead of the town clerk’s office, and if they are wrong in this, that there was no lien law of any kind applicable to the county of Rensselaer. To'determine the questions thus presented will require an examination of the several lien laws applicable at different times to that county.
The first mechanic’s lien law applicable to that county was passed in 1852 (chaps. 108 and…
2Cases cited5 opinions
- In the Matter of the EvergreensNew York Court of Appeals · 1872
- Wheeler v. Roberts & RobertsNew York Supreme Court · 1827
- Shattell v. WoodwardIndiana Supreme Court · 1861
- People v. DavisNew York Supreme Court · 1872
- Churchill v. MarshNew York Court of Common Pleas · 1855
3Cited by37 opinions
- United States v. PhilbrickSupreme Court of the United States · 1887
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Bateman v. ColganCalifornia Supreme Court · 1896
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- Beneficial Loan Society, Ltd. v. HaightCalifornia Supreme Court · 1932
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