McMechan v. Baker

New York City Court

McMechan v. Baker

11 N.Y.S. 781, 1890 N.Y. Misc. LEXIS 2361

DecidedNovember 24, 1890

StatusPublished

This text of 11 N.Y.S. 781 (McMechan v. Baker) is published on Counsel Stack Legal Research, covering New York City Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMechan v. Baker, 11 N.Y.S. 781, 1890 N.Y. Misc. LEXIS 2361 (N.Y. Super. Ct. 1890).

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Opinion

Van Wyck, J.

It seems to us that the mechanic’s lien in this case was-regularly and properly filed under Law's 1885, c. 342. The work, under the contract, was substantially performed, and the finding of the court shows-that it would have been literally performed if defendant had not refused to» supply the materials according to his contract. This view is not in conflict with the decision in Foster v. Schneider, 2 N. Y. Supp. 875, for in that case the work required by the contract was only about half done, and the lien alleged it was entirely completed, and, to. entitle one under section 4 of the statute to file a lien in such case, it must contain a statement of the work performed [782]*782■and unperformed." It seems to us that defendant should have "been credited with $30 payment on the extra work, according to the testimony of both parties. Judgment should be reduced $30, and affirmed as modified, without costs.

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Van Wyck, J.

It seems to us that the mechanic’s lien in this case was-regularly and properly filed under Law's 1885, c. 342. The work, under the contract, was substantially performed, and the finding of the court shows-that it would have been literally performed if defendant had not refused to» supply the materials according to his contract. This view is not in conflict with the decision in Foster v. Schneider, 2 N. Y. Supp. 875, for in that case the work required by the contract was only about half done, and the lien alleged it was entirely completed, and, to. entitle one under section 4 of the statute to file a lien in such case, it must contain a statement of the work performed [782]*782■and unperformed." It seems to us that defendant should have "been credited with $30 payment on the extra work, according to the testimony of both parties. Judgment should be reduced $30, and affirmed as modified, without costs.

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Bluebook (online)

11 N.Y.S. 781, 1890 N.Y. Misc. LEXIS 2361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmechan-v-baker-nycityct-1890.

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