Hollister v. . Mott
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made July 15, 1890, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. To entitle plaintiffs to a lien, the onus is upon them .to prove a debt from the contractor for the identical materials used to build the owner’s houses.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made July 15, 1890, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. To entitle plaintiffs to a lien, the onus is upon them .to prove a debt from the contractor for the identical materials used to build the owner’s houses. (¡4 R. S. [8th ed.] 2693.) As the contract is entire the money did not become due or remain unpaid, according to the written contract, because…
1Opinion of the CourtBrown, J.
This action was brought to foreclose a mechanics’ lien. April 22,1887, the appellant entered into a contract with John II. Huls, by which Huls agreed to erect for him three dwelling-houses on land on the north side of Clifford street in the city of .Rochester, according to plans and specifications set forth in the contract. Among other things, Huls was “ to put in a sewer ” and was to connect the houses “ with the sewer said Mott had built on the south side of Clifford street last season, of the same size of sewer as used by said Mott last season, so as to drain all the cellars of said…
2Cases cited2 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Larkin v. . McMullinNew York Court of Appeals · 1890
3Cited by13 opinions
- Hunnicutt & Bellingrath Co. v. Van HooseSupreme Court of Georgia · 1900
- Tice v. MooreSupreme Court of Connecticut · 1909
- Sear-Brown Associates, P. C. v. Blackwatch Development Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- McChesney v. City of SyracuseNew York Supreme Court · 1894
- McKee v. RappThe Superior Court of the City of New York and Buffalo · 1895
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