Hankinson v. . Vantine
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered December 1, 1894, which affirmed a judgment of the Special Term in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered December 1, 1894, which affirmed a judgment of the Special Term in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The spirit, as well as the letter, of the Mechanic’s Lien Law is that the owner must, in some form, consent to alterations or repairs upon property before any person, be he laborer, contractor, materialman or what not, can acquire any right respecting it. (Nellis v.…
1Opinion of the CourtMartin, J.
This action was to foreclose a mechanic’s lien filed by the plaintiff against two lots, known as numbers 353 and 355 Sixth, avenue in the city of New York, for the sum of $3,991.49, being the balance due him for labor and material furnished to one Biker, in altering the buildings thereon. These alterations consisted in taking out the party wall on the first and basement floors between two stores, one owned by the appellant, and the other by William B. Biker, and fitting them up as a drug store. The work was alleged to have been done, and the materials furnished, at the special request of the…
2Cases cited5 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Spruck v. . McRobertsNew York Court of Appeals · 1893
- Cowen v. . PaddockNew York Court of Appeals · 1893
- Overseers of the Poor of New Berlin v. Overseers of the Poor of NorwichNew York Supreme Court · 1813
3Cited by46 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Rice v. . CulverNew York Court of Appeals · 1902
- De Klyn v. . GouldNew York Court of Appeals · 1901
- O'shea v. New York, C. & St. L. R. Co.Court of Appeals for the Seventh Circuit · 1901
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
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