Quinn v. Mayor of New York

New York Court of Common Pleas

Quinn v. Mayor of New York

2 E.D. Smith 558

DecidedFebruary 15, 1855

StatusPublished

This text of 2 E.D. Smith 558 (Quinn v. Mayor of New York) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Quinn v. Mayor of New York, 2 E.D. Smith 558 (N.Y. Super. Ct. 1855).

Pincite

Opinion

Daly, J.

The corporation being the owner and McOliff the contractor, it should appear by the complaint that the work was performed and that the materials were furnished by the plaintiff to McOliff, in conformity with the terms of the contract made by McOliff with the owner, the corporation.

This was essential to the right of lien.

The complaint contains no such averment, nor does that fact appear even by the notice filed with the county clerk. No right of action was shown in the complaint, and no injunction can be granted.

Motion for an injunction denied.

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Daly, J.

The corporation being the owner and McOliff the contractor, it should appear by the complaint that the work was performed and that the materials were furnished by the plaintiff to McOliff, in conformity with the terms of the contract made by McOliff with the owner, the corporation.

This was essential to the right of lien.

The complaint contains no such averment, nor does that fact appear even by the notice filed with the county clerk. No right of action was shown in the complaint, and no injunction can be granted.

Motion for an injunction denied.

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Bluebook (online)

2 E.D. Smith 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinn-v-mayor-of-new-york-nyctcompl-1855.