Drake v. Bell

26 Misc. 237, 55 N.Y.S. 945 (Sup. Ct. 1899)



A subsequent promise founded on a former enforcible obligation, or on value previously had from the promisee, is binding.


The assignee contracted with a mechanic to repair her vacant home. By mistake, the mechanic repaired a vacant home next door, owned by the homeowner. The homeowner disclaimed responsibility but finally had the mechanic reduce the bill and orally agreed to pay the same. The mechanic filed a lien and assigned his claim. Eventually, the assignee filed a mechanic's lien against the homeowner to foreclose the lien.


Can the assignee foreclose the lien?




The court stated that the homeowner's promise to pay for antecedent value that he received from the mechanic was binding, although there was never any obligation to pay. Thus, the mechanic's lien could be foreclosed in favor of the assignee.

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