Donaldson v. Wood & Wood
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The question in this 'case was, whether a creditor of a sub-contractor is entitled to the benefit of the acts of the legislature, passed in 1830 and 1832, giving a lien for work done or materials furnished in the erection of buildings in the city of New York upon the fund in the hands of the owner of the buildings. See Statutes of 1830, p. 412, and Statutes of 1832, p. 181. The facts of the case are fully stated in 17 Wendell, 550, et seq.
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Error from the supreme court. The question in this 'case was, whether a creditor of a sub-contractor is entitled to the benefit of the acts of the legislature, passed in 1830 and 1832, giving a lien for work done or materials furnished in the erection of buildings in the city of New York upon the fund in the hands of the owner of the buildings. See Statutes of 1830, p. 412, and Statutes of 1832, p. 181. The facts of the case are fully stated in 17 Wendell, 550, et seq. The creditor of a sub-contractor brought an action in the New York common pleas and recovered judgment, which was reversed by…
1Opinion of the Court
After advisement, the following opinions were delivered.
By the Chancellor.
This case calls for the construction of the statutes of 1830 and 1832, giving to journeymen, laborers, cartmen, sub-contractors, and material men, a claim upon the monies due from the owners of buildings, erected in the city of New York, to the contractors for the erection of such buildings, in the nature of an hypothec, or an equitable lien upon that fund. The principal question is, whether a mechanic, or cartman, or a day laborer, or a material man, who has labored for or furnished materials to a subcontractor to whom…
2Cited by36 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Middleton v. GreesonIndiana Supreme Court · 1886
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Colter v. FreseIndiana Supreme Court · 1873
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