Larkin v. . McMullin
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, made December 20, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a ■new trial.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, made December 20, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a ■new trial. On May 1, 1886, the defendants McMullin and Kahn entered into an agreement, by which McMullin agreed to furnish the materials and perform certain work for Kahn on •his house in the city of Mew York, to be completed June ■8,-1886, for which the latter agreed to pay him $900 in four ■installments, three of them, $200, $250 and $250, at certain •specified…
1Opinion of the CourtBbadlbt, J.
The only question upon the trial was whether the notices of the liens were effectual to charge the premises with the claims of the honors, and that was dependent upon the further question whether at the time they were filed, anything was due or remained unpaid for the work the defendant McMullin had performed under the contract with the defendant Kahn. The purpose of the statute known as that relating to mechanic’s liens is to enable those doing work or furnishing materials to be used upon structures on real estate, to obtain security and payment through the means and in the cases provided by…
2Cases cited6 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Graf v. . CunninghamNew York Court of Appeals · 1888
- Murphy v. . BuckmanNew York Court of Appeals · 1876
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Kelly v. . BloomingdaleNew York Court of Appeals · 1893
- Dahlberg v. GirschCalifornia Supreme Court · 1910
- Tice v. MooreSupreme Court of Connecticut · 1909
19 more not listed; retrieve them via the Exa API.