Neuchatel Asphalte Co. v. Mayor of New York
New York Court of Common Pleas
Appeal from equity term. Action by the Neuchatel Asphalte Company, Limited, against the mayor, aldermen, and commonalty of the city of New York, to-foreclose a mechanic’s lien. The complaint was dismissed (30 N. Y. Supp. 252), and plaintiff appeals. Modified.
1Opinion of the CourtDaly, C. J.
The plaintiff, a foreign corporation, filed a notice of lien against the premises in question on October 25, 1893. It is objected that no lien was thereby effected, because the plaintiff’s *65contract was not enforceable, owing to noncomplianee with the provisions of the general corporation act of 1892, requiring foreign corporations to procure from the secretary of state a certificate that they have complied with all the requirements of law to authorize them to do business in this state. It is also contended that, if a valid lien was originally acquired, it was lost by failure to bring an…
2Cases cited3 opinions
- Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
- McAllister v. CaseNew York Court of Common Pleas · 1889
- Morgan v. TaylorNew York Court of Common Pleas · 1889
3Cited by3 opinions
- Crefeld Mills v. GoddardU.S. Circuit Court for the District of Southern New York · 1895
- J. J. Newman Lumber Co. v. WempleNew York Supreme Court · 1907
- Simplex Dairy Co. v. ColeU.S. Circuit Court for the District of Southern New York · 1898