Legal Opinion

Madden v. Lennon

Appellate Terms of the Supreme Court of New York

Decided June 6, 1898PublishedCited by 1 opinion

Appeal from Eleventh district court. Action by John Madden against Anna J. Lennon, impleaded with William F. Lennon. From a judgment dismissing the complaint with respect to Anna J. Lennon, she appeals.

1Opinion of the Court

PEE OUBIAM.

The burden of proof rested upon the plaintiff of showing that there was something due from the owner to the principal contractor at the time of filing the lien, or that thereafter a sum became due from her to such contractor, which would be applicable to the payment of his debt to the plaintiff. Lemieux v. English, 19 Misc. Rep. 545, 43 N. Y. Supp. 1066; Keavey v. De Rago, 20 Misc. Rep. 105, 45 N. Y. Supp. 77; Van Clief v. Van Vechten, 130 N. Y. 571, 29 N. E. 1017. He has failed to sustain this burden, and the judgment rendered in favor of the respondent Anna J. Lennon, the owner…

2Cases cited3 opinions

  1. Van Clief v. . Van VechtenNew York Court of Appeals · 1892
  2. Keavey v. De RagoAppellate Terms of the Supreme Court of New York · 1897
  3. Lemieux v. EnglishAppellate Terms of the Supreme Court of New York · 1897

3Cited by1 opinion

  1. Kirschner v. MahoneyAppellate Terms of the Supreme Court of New York · 1905

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