Rollin v. . Cross
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, second district, affirming a judgment in favor of the plaintiff, entered upon the report of William J. Cogswell, referee. The action is brought to foreclose a mechanic’s lien on premises in Brooklyn. November 10th, 1867, Thomas S. Goodwin made a "contract with Edward Pick to build a house on the premises for him. At that time Charles C. Betts was the legal owner of the land.
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Appeal from an order of the General Term of the Supreme Court, second district, affirming a judgment in favor of the plaintiff, entered upon the report of William J. Cogswell, referee. The action is brought to foreclose a mechanic’s lien on premises in Brooklyn. November 10th, 1867, Thomas S. Goodwin made a "contract with Edward Pick to build a house on the premises for him. At that time Charles C. Betts was the legal owner of the land. Pick did work and furnished materials to the amount of $800, and then assigned the contract and the moneys due him thereunder to the plaintiff. The assignment…
1Opinion of the CourtAndbews, J.
It is found by the referee, that the land upon which the lien is claimed was not conveyed to the defendant until January 13th, 1858.
But it is a just inference from the findings, in connection with the evidence, that when the contract was made between Goodwin and Pick, on the 10th of November, 1867, she held the land under a contract of purchase from Betts. His deed to her, although it was not acknowledged until the 13th of January, 1868, was dated the September previous.
The witness, Goodwin, testifies that Mrs. Cross purchased the lot, and that a house was to be built upon it for him and his…
2Cases cited2 opinions
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