American Hardware Corp. v. . Lyttle
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1915, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1915, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assignment from Peckworth to the respondent, the New York County National Bank, is not valid as against the appellants, mechanics’ lienors, for the reason that neither the contract, nor a copy thereof, nor a statement containing the substance thereof, was…
1Opinion of the CourtCardozo, J.
This is an action for the foreclosure of mechanics’ liens. One Peckworth had a contract with the New York Central Railroad to build a passenger station at Yonkers. While the work was in progress, he assigned to the New York County National Bank the moneys then due or thereafter to fall due under the contract. The assignment was filed in the office of the county clerk before the filing of any lien. Whether there has been compliance with section 15 of the Lien Law (Consol. Laws, ch. 33) is the question to be determined.
That section provides that no assignment of such a contract, “or of the…
2Cases cited3 opinions
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914
- Barrett v. . John v. Schaefer, Jr., CompanyNew York Court of Appeals · 1916
3Cited by2 opinions
- Lincoln National Bank v. John Peirce Co.New York Court of Appeals · 1920
- Tuttle & Bailey Manufacturing Co. v. General Electric Co.New York Supreme Court · 1922