Legal Opinion

Madden v. Lennon

Appellate Terms of the Supreme Court of New York

Decided June 15, 1898PublishedCited by 1 opinion

Appeal from a judgment rendered in th^ Municipal Court of the city of Hew York, borough of Manhattan, eleventh district, dismissing the complaint with respect to the respondent Anna J. Lennon. /

1Per curiam

The burden of proof rested upon the plaintiff, of showing that there was something due from the owner to the principal contractor at the time of filing the lien, or that thereafter a sum became due from her to such contractor which would be applicable to the payment of his debt to the plaintiff. Lemieux v. English, 19 Misc. Rep. 545; Keavey v. De Rago, 20 id. 105; Van Clief v. Van Vechten, 130 N. Y. 571. He-has failed to sustain this burden, *705and the judgment rendered in favor of the respondent Anna J, Lennon, the owner of the premises affected by the lien, must, therefore, be affirmed.

Judgment…

2Cases cited2 opinions

  1. Van Clief v. . Van VechtenNew York Court of Appeals · 1892
  2. Lemieux v. EnglishAppellate Terms of the Supreme Court of New York · 1897

3Cited by1 opinion

  1. Kirschner v. MahoneyAppellate Terms of the Supreme Court of New York · 1905

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