Legal Opinion

Fortunato v. Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1902PublishedCited by 2 opinions

Appeal by the defendant, the Twelfth Ward Bank of the city-of New York, from the following portions of a judgment of the-. Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of May, 1901, upon the report of a referee,, viz., from that portion thereof which grants to the defendants. Thomas Gr.

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Appeal by the defendant, the Twelfth Ward Bank of the city-of New York, from the following portions of a judgment of the-. Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of May, 1901, upon the report of a referee,, viz., from that portion thereof which grants to the defendants. Thomas Gr. Patten and another, as executors, etc., of Thomas Patten, deceased, judgment against the defendant, the Twelfth Ward Bank of the city of New York, and from that portion of said judgment which awards the defendant Helen A. Dawson, as administratrix, etc., of John F.…

1Opinion of the Court

Hatch, J.:

The law of this case, so far as it affects the parties to this appeal, has been practically settled. In Fortunato v. Mayor (42 App. Div. 14) it was decided by this court that the contract between the city of New York and Dawson had been fulfilled and the money due under the terms of the contract was being held by the city as stakeholder for the parties in interest. Under these circumstances an action was brought to foreclose a lien filed against the fund which the contractor was entitled to receive from the city under the terms of his contract. In such action the only issue under…

2Cases cited5 opinions

  1. Clason v. . BaldwinNew York Court of Appeals · 1897
  2. Fortunato v. . PattenNew York Court of Appeals · 1895
  3. Converse v. SicklesAppellate Division of the Supreme Court of the State of New York · 1897
  4. Converse v. . SicklesNew York Court of Appeals · 1900
  5. Fortunato v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
  2. Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1907

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