Drake v. O'Donnell
New York Supreme Court
This action was brought to foreclose a mechanics’ lien upon a house and lot in the city of Syracuse. The plaintiff furnished materials to John O’Brien who used them in the erection of a house belonging to' the defendant O’Donnell, under a contract with him. The cause was tried in February, 1875, at the Onondaga circuit, before Hon. George A. Hardin and a jury.
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This action was brought to foreclose a mechanics’ lien upon a house and lot in the city of Syracuse. The plaintiff furnished materials to John O’Brien who used them in the erection of a house belonging to' the defendant O’Donnell, under a contract with him. The cause was tried in February, 1875, at the Onondaga circuit, before Hon. George A. Hardin and a jury. The parties agreed upon the trial that special findings should be made by the jury, and that a motion for judgment should be made thereon at special term. The jury returned the following answers to the questions submitted to them:…
1Opinion of the CourtHardin, J.
The contract-price for building a house for O’Donnell was $1,480, and the proofs show that payments were made to the carpenter, in amount $1,050. The finding of the jury to the fourth question shows that $1;250 had been earned before the plaintiff’s lien had been filed. If the payments then made of $1,050 are deducted from the amount earned, a balance of $200 is found. The learned counsel for the defendant 'is entirely correct in saying that it must appear there was actually due and owing from the owner, to the ' original contractor, upon his contract, a greater sum than the amount of the…
2Cases cited3 opinions
- Linningdale v. LivingstonNew York Supreme Court · 1813
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
- Smith v. CoeNew York Court of Common Pleas · 1859