Legal Opinion

Ludlow Valve Manufacturing Co. v. . Village of Middleport

New York Court of Appeals

Decided May 9, 1922Published

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought to foreclose a lien by plaintiff against a fund owing by the defendant village to contractors for materials furnished by plaintiff to said contractors and used in the performance of their contract with said village for the construction of a municipal water system.

1Opinion of the Court

Judgment modified by striking out interest on $4,963.75 from January 19, 1913, to the date of entry of judgment and as thus modified judgment is affirmed, without costs to either party, on authority of Rockland Lake Co. v. Village of Portchester (102 App. Div. 360; affd., 185 N. Y. 590).

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.

2Cases cited2 opinions

  1. Rockland Lake Trap Rock Co. v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1905
  2. Rockland Lake Trap Rock Co. v. Village of Port ChesterNew York Court of Appeals · 1906