Watts-Campbell Co. v. Yuengling
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of Hovember, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action for the foreclosure of a mechanics’ lien. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of Hovember, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action for the foreclosure of a mechanics’ lien. The facts, so far as material, are stated in the opinion. The lien law, being dependent for its validity upon the statute creating it, conferring extraordinary rights, and being in derogation of the common law, an attempt to obtain payment from some person other than…
1Opinion of the CourtO’Brien, J.
The judgment in this case declares that the plaintiff is entitled to and has a lien, under the statute, for the sum of about $12,000, including certain items of interest and cost upon certain real estate situated in the city of Hew York occupied and used as a brewery. It was adjudged, as a basis for tins result, that the plaintiff performed labor and services, and furnished materials used in the alteration or repair of a house or building or appurtenances thereto within the scope and meaning of the statute creating and authorizing the enforcement of liens in such cases. The only questions…
2Cases cited1 opinion
- Ward v. . KilpatrickNew York Court of Appeals · 1881
3Cited by17 opinions
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Rieflin v. GraftonWashington Supreme Court · 1911
- Breeding v. MelsonSupreme Court of Delaware · 1927
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
12 more not listed; retrieve them via the Exa API.