Grunt v. Zapeikov

The opinion of the court was delivered by

Bodine, J.

The plaintiff had judgment in the Essex Circuit Court for the amount due for materials and supplies furnished a contractor named Huckman, who had a written contract for the plumbing and heating work to be done on defendant’s premises at No. 243 Madison avenue, Newark. The contract was duly filed.

The trial judge instructed the jury to find whether the plaintiff had served upon defendant a stop-notice at a time when defendant had in his possession moneys due upon the contract.

The stop-notice was served at six p. m., November 27th, 1928. Under…