Legal Opinion

Neuchatel Asphalte Co. v. Mayor of New York

New York Court of Common Pleas

Decided April 1, 1895PublishedCited by 3 opinions

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

  1. Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
  2. McAllister v. CaseNew York Court of Common Pleas · 1889
  3. Morgan v. TaylorNew York Court of Common Pleas · 1889

3Cited by3 opinions

  1. Crefeld Mills v. GoddardU.S. Circuit Court for the District of Southern New York · 1895
  2. J. J. Newman Lumber Co. v. WempleNew York Supreme Court · 1907
  3. Simplex Dairy Co. v. ColeU.S. Circuit Court for the District of Southern New York · 1898

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