Description - Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 67 by Nathan Howard
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. 1884 edition. Excerpt: ...OF THE ClTY OF Kew York, impleaded with Alexander R. Fordyce and others. Mechanics' lien law--Amendments to--Extending its provisions to the erection of school-houses--Notice of claims may be filed with head of board of education. The amendments to the mechanies' Hen law, extending its provisions to the erection of school-houses, embraces all contracts, whether they are with incorporated cities or not, provided the work was done or the materials furnished upon land the title to which was, at the time of the making of the contract and the passage of the act in any city, and a notice of claim which is filed with the head of the board of education, or of the school trustees of a ward, is a compliance with the requirement that it be filed with " the head of the department or bureau having the work In charge." General Term, July, 1884. Before Daly, C. J., Larremore and Beach, JJ. D. J. Dean and T. M. Tyng, for respondent. Joseph Fettretch and Julius Lipinan, for appellants. Bell agt. Vanderbilt. Daly, C. J.--It was held by this court in 1868, in Brinkerhoff agt. The Board of Education (2 Daly, 443), and affirmed by the court of appeals, that the mechanics' lien law did not apply to the erection of a school-house or of any building in the city of New York devoted to public uses, in consequence of which - statute was passed in 1878 to give a lien not upon the buildings but upon the moneys due or to grow due for the work done or materials furnished (Laws of New York, 1878.?. 403). This act applied where labor and materials were furnished in pursuance of a contract made with any incorporated city in this state. The lien was given upon the moneys in the control of this city due or to grow due under the contract, and the lien when filed...
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