John H. Poillon, Administrator, etc., Appellant, v. The Mayor, etc., of the City of New York et al., Respondents

John H. Poillon, Administrator, etc., Appellant, v. The Mayor, etc., of the City of New York et al., Respondents. The mechanics’ lien law for the city of New York (chap. 513, Laws of 1851, as amended by chap. 404, Laws of 1855) does not give a lien upon a public building, under a contract made by a public officer. (Argued January 26th, 1872; decided February 6th, 1872.) Action to foreclose a mechanic’s lien alleged to have been acquired upon a school-house in the nineteenth ward in the city of New York. Plaintiff’s intestate was a sub-contractor. The contract was with the school officers of said ward. B. G. patchings for appellant. A. B. Bamrence, Jr.¡ for respondents. [MAJORITY — Grover, J.,] Grover, J., reads opinion for reversal and new trial. [CONCURRENCE — Church, Ch. J., concurs.] Church, Ch. J., concurs. The other members of the court were of the opinion that the case was not within the statute giving a mechanic’s lien; that it did not give a lien upon a public building under a contract made by public officers. For affirmance, Allen, Peokham, Folger and Rapallo, JJ. Judgment affirmed.