Legal Opinion

Burkitt v. . Harper

New York Court of Appeals

Decided December 19, 1879PublishedCited by 38 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 14 Hun, 581.) This action was brought to foreclose a mechanic’s lien upon certain premises in the county of Queens. The facts appear sufficiently in the opinion.

1Opinion of the CourtEarl, J.

This is an action to foreclose a mechanic’s lien under chapter 478 of the Laws of 1862. Section one of that act provides, that “any person who shall hereafter perform any labor or furnish any materials in building, altering or repairing any house, building, etc. by virtue of any contract with the owner thereof or his agent, or with any contractor or sub-contractor, or any person permitted by the owner of such lands to build, repair, alter or improve, as aforesaid, within the county of Kings or Queens, shall, upon filing th.e notice prescribed in the third section of this act, have a lien for…

2Cases cited3 opinions

  1. Knapp v. . BrownNew York Court of Appeals · 1871
  2. Rollin v. . CrossNew York Court of Appeals · 1871
  3. Muldoon v. . PittNew York Court of Appeals · 1873

3Cited by38 opinions

  1. National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
  2. Rice v. . CulverNew York Court of Appeals · 1902
  3. Otis v. . DoddNew York Court of Appeals · 1882
  4. Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
  5. Jones v. . MenkeNew York Court of Appeals · 1901

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