Reports of Cases Argued and Determined in the Superior Court of the City of New York (Volume 6 )
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Reports of Cases Argued and Determined in the Superior Court of the City of New York (Volume 6 )

Reports of Cases Argued and Determined in the Superior Court of the City of New York (Volume 6 )


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1870 Excerpt: ... The lion creditor succeeds only to the rights and claims which, at the time of filing the notice, are possessed by the original contractor, and unless such facts are established as would, in a proper action, entitle the original contractor to recover, the lien creditor cannot. R seems that if the original contractor and the owner should make a fraudulent settlement for the purpose of depriving parties furnishing labor or materials of any lien therefor, the court would disregard it. Appeal by the defendant Coe from a judgment entered against him at special term in favor of the plaintiffs. The action was brought under the mechanics' lien law to foreclose a lien acquired by filing a notice thereof on September 21th, 1857, upon the ground that the plaintiffs had, at the request of Naylor, fur nished materials which were used in the construction of a building belonging to the defendant Coe, and erected for him by Naylor under the following contract: "I agree to erect a building on the lots corner of East aud Cherry streets, as per plans and specifications, bearing this date, and signed by me and Henry Coe; and agree to make any alterations that may be suggested by him, (provided the additional expense of the said alterations does not exceed three hundred dollars), and finish the same under the directions of Henry Coe, in a good and workmanlike manner, and of the best materials, for the sum of fourteen thousand dollars, payable as follows: When the materials are delivered on the ground, and a receipted bill of the same is handed over, then the same will be paid to the sellers of said materials to the extent of nine thousand dollars in cash, and the balance when the whole building is finished in every respect, and the same is ascertained to be free from any or all...


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Product Details
  • ISBN-13: 9781235761010
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 226
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1235761010
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 413 gr


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Reports of Cases Argued and Determined in the Superior Court of the City of New York (Volume 6 )
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