Legal Opinion

Tubridy v. Wright

New York Court of Common Pleas

Decided March 12, 1894Published

Appeal from judgment on report of referee. Action by William Tubridy against Stephen J. Wright. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

1Per curiam

We have repeatedly held that the right to file a mechanic’s lien for materials furnished and labor performed upon a contract with the owner of a building terminates with his death, and that a lien filed subsequently does not attach to the building or land, or the interest of the heirs or devisees. Crystal v. Flannelly, 2 E. D. Smith, 583; Meyers v. Bennett, 7 Daly, 471; Brown v. Zeiss, 9 Daly, 240. These decisions were under former mechanic’s lien acts, and the appellant now contends that they are not controlling under the act of 1885, c. 342, the benefit of which is claimed by the lienor…

2Cases cited4 opinions

  1. McCorkle v. . HerrmanNew York Court of Appeals · 1889
  2. Meyers v. BennettNew York Court of Common Pleas · 1878
  3. Brown v. ZeissNew York Court of Common Pleas · 1880
  4. Mitchell Vance Co. v. DaikerNew York Court of Common Pleas · 1892

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