Weyer v. . Beach
New York Court of Appeals
As to whether, under said act, any personal judgment can be rendered except for a deficiency, quaere. Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiffs against defendant Beach, and granting a new trial as to him. (Reported below, 14 Hun, 231.) These were proceedings under the general lien law to foreclose an alleged mechanic’s lien upon certain premises owned by Beach.
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As to whether, under said act, any personal judgment can be rendered except for a deficiency, quaere. Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiffs against defendant Beach, and granting a new trial as to him. (Reported below, 14 Hun, 231.) These were proceedings under the general lien law to foreclose an alleged mechanic’s lien upon certain premises owned by Beach. The facts appear sufficiently in the opinion.
1Opinion of the CourtRapallo, J.
The referee found that at the times of the filing of the notices of lien by the several claimants in this proceeding, nothing was due from the respondent to Stone & Bassett the contractors to whom the materials and labor of said several claimants were furnished, aud that nothing afterwards became due to said contractors. Also that none of the payments which had been made by the respondent to the contractors were made by collusion, for the purpose of avoiding or with intent to avoid the provisions of the statute in relation to mechanics’ liens. Upon these findings the conclusion necessarily…
2Cases cited2 opinions
- Glacius v. . BlackNew York Court of Appeals · 1876
- Burroughs v. . TostevanNew York Court of Appeals · 1879
3Cited by19 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hildebrandt v. SavageWashington Supreme Court · 1892
- Deane Steam Pump Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1903
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