A Treatise Upon the Principles Governing the Acquisition And Enforcement of Mech

Stillman Foster Kneeland

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Boyle, 123 id. , 570.
DEFENSES TO A LIEN.
CHAPTER VI.
PAYMENT.
§ 111. Perhaps the natural treatment of this sub- ject would place the consideration of the acquisition of a lien prior to that of the defenses to a lien ; since it must be acquired before it can be defended. We follow the inverse order for the reason that the require ments. Of, and the defenses to a lien being first under- stood, its acquisition and enforcement is comparatively easy and simple.
§ 112. Payment made in good faith to ...a contractor on account of the building upon which a lien is sought T is, pro tanto, an absolute defense. Neither the owner nor his property is liable unless it appears that a pay- ment is due the contractor from him. * It follows, therefore, that if the contract price has been fully paid to the contractor according to its terms, the owner can- not be made liable to any claimant whose right of lien rests solely on the terms of such contract. F The de- * Carman v. Mclncrow, 13 N. Y. , 70; Loonie v.

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