Spruck v. . McRoberts
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial dcjmrtment, entered upon an order made May 9, 1892, which affirmed a judgment entered upon the report of a referee directing the sale of certain lands of the defendant Hugh McBoberts. This action was brought to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of tlie General Term of the Supreme Court in the second judicial dcjmrtment, entered upon an order made May 9, 1892, which affirmed a judgment entered upon the report of a referee directing the sale of certain lands of the defendant Hugh McBoberts. This action was brought to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion. The plaintiff Spruclc failed to make such inquiry as a prudent man would have made respecting the title of the defendants Tartter to, and their right to erect a building on the land in question. (Tritch v. Morton,…
1Opinion of the CourtO'Brien, J.
The plaintiff recovered a judgment directing the sale of certain lands of the defendant McRoberts to satisfy .a mechanic's lien, which it was claimed the plaintiff had under the provisions of chapter 342 of the Laws of. 1885. The notice of the lien was tiled in the proper county on the lltli day of April, 1889, against one George Tartter and his wife, as the owners of the land, and the defendant McRoberts is not referred to therein as owner or otherwise. The plaintiff entered into a contract on the 13th of November, 1888, with Tartter and his wife for the erection of a hotel building on the…
2Cases cited3 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Spencer v. . BarnettNew York Court of Appeals · 1866
3Cited by31 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Hankinson v. . VantineNew York Court of Appeals · 1897
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- Church E. Gates & Co. v. National Fair & Exposition Ass'nNew York Court of Appeals · 1919
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