Hubbell v. Schreyer
New York Court of Common Pleas
Appeal from a judgment. • Philip 0. Hubbell filed a notice of lien against the premises of John Schreyer, in the city of Hew York, for bililding materials. In his notice he stated that Ms claim was against the owner, and Thomas Holt, the contractor, upon a verbal agreement: • A subcontractor, Francis Muldoon, also filed a notice against the same premises, stating his claims to be against the owner for one "sum, and against the contractor for another sum.
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Appeal from a judgment. • Philip 0. Hubbell filed a notice of lien against the premises of John Schreyer, in the city of Hew York, for bililding materials. In his notice he stated that Ms claim was against the owner, and Thomas Holt, the contractor, upon a verbal agreement: • A subcontractor, Francis Muldoon, also filed a notice against the same premises, stating his claims to be against the owner for one "sum, and against the contractor for another sum. The issues raised by the answer of the owner were referred, upon consent, and judgment was entered on the referee’s report, from which the…
1ConcurrenceH. W. Robinson, J.
I concur fully in all the conclusions to which the chief justice has arrived in his opinion, and without entertaining doubt on the question suggested by him, that the lien of the plaintiff Hubbell is limited to the items of his account supplied within three months prior to the filing of his notice of lien (December 28, .1870), amounting to one hundred and seventy three dollars and forty-seven cents. The subsisting mechanics’ lien law, applicable to this city (Laws of 1863, ch. 500), by section 6, only authorized the filing of a notice and creation of a hen “within three months after the work…
2Cases cited5 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Spencer v. . BarnettNew York Court of Appeals · 1866
- Alderman v. ShareNew York Supreme Court · 1831
- Carter v. DallimoreThe Superior Court of New York City · 1848
- Roberts v. FowlerNew York Court of Common Pleas · 1857