Rhodes v. Hinds
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James P. Rhodes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 26th day of December, 1901, upon the report of a referee dismissing the complaint upon the merits.
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Appeal by the plaintiff, James P. Rhodes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 26th day of December, 1901, upon the report of a referee dismissing the complaint upon the merits. On the 24th day of November, 1893, the Star Lake Lumber Company, a corporation, entered into a written agreement with the plaintiff whereby the latter agreed to manufacture into lumber at his mill the logs which the said company cut upon its tract of timber in the vicinity of the mill and delivered in the mill pond of the…
1Opinion of the Court
Spring, J.:
The lumber all the time belonged to the lumber company, and was stored in the plaintiff’s yard for its convenience, but the possession was really that of the lumber company, and the shipments were to be at its option and forty per centum of the contract price was to be deferred until after shipment.
The question is whether the plaintiff is entitled to recover for the value of the labor actually expended in manufacturing and *381piling the lumber destroyed. It is clear that he has no lien on the lumber for the money unpaid, for it was to be turned over to the lumber company and payment…
2Cases cited11 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Stewart v. . StoneNew York Court of Appeals · 1891
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Wiles Laundering Co. v. . HahloNew York Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Heinberg Bros. v. ThompsonSupreme Court of Florida · 1904