Grant v. Van Dercook
New York Supreme Court
Appeal from an order. This proceeding was taken By Halsey R. Grant, and others, plaintiffs or claimants, against Cornelius Van Dercook, the defendant and appellant, as owner, under the statute of 1854, as amended By the statute of 1858, to foreclose a mechanics’ lien on certain premises of defendant, in the town of Watervliet, Albany county, H. T. The lien was created and filed in the town clerk’s office, of the town of Watervliet, September 6, 1867. A notice substantially…
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Appeal from an order. This proceeding was taken By Halsey R. Grant, and others, plaintiffs or claimants, against Cornelius Van Dercook, the defendant and appellant, as owner, under the statute of 1854, as amended By the statute of 1858, to foreclose a mechanics’ lien on certain premises of defendant, in the town of Watervliet, Albany county, H. T. The lien was created and filed in the town clerk’s office, of the town of Watervliet, September 6, 1867. A notice substantially in the form prescribed By statute to enforce said lien, stating the claim to Be for two hundred and twenty-four dollars…
1Opinion of the Court
By the Court.—Hogeboom, J.
Under a somewhat similar statute in New York city, the court of appeals held in Freeman v. Cram (3 N. Y. [3 Comst.], 305), that a mechanics’ lien only continued one year from the commencement thereof, and was not prolonged by a judgment against the owner of the property, obtained within the year. Such a judgment appears to have been obtained in that case against one Arment, the original contractor and owner, who having died, this suit was instituted by way of scire facias against the defendant as subsequent owner and terre-tenant, Arment having sold the premises to…
2Cases cited9 opinions
- Hallett v. RightersNew York Supreme Court · 1856
- Waters v. LangdonNew York Supreme Court · 1863
- Hauptman v. . CatlinNew York Court of Appeals · 1859
- Bailey v. JohnsonNew York Court of Common Pleas · 1859
- Simonson v. BlakeNew York Supreme Court · 1861
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3Cited by3 opinions
- Cain v. LibbySupreme Court of Minnesota · 1884
- Kelsey v. RourkeNew York Supreme Court · 1876
- Burroughs v. FosteranNew York City Court · 1877