In re the Contract for Constructing the Hudson Water Works
Appellate Division of the Supreme Court of the State of New York
Appeal by The Rational Commercial Bank of Albany from an order of the Supreme' Court, made at the Columbia Special Term and entered in the office of .the clerk of the county of Columbia on the 14th day of December, 1905, denying the appellant’s application for the discharge of 4 lien upon moneys due for the construction of water works in the city of Hudson.
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Appeal by The Rational Commercial Bank of Albany from an order of the Supreme' Court, made at the Columbia Special Term and entered in the office of .the clerk of the county of Columbia on the 14th day of December, 1905, denying the appellant’s application for the discharge of 4 lien upon moneys due for the construction of water works in the city of Hudson. " , Hurd, Sherman & Company, a corporation,, had contracted with the city of Hudson for constructing a part of the system of water works which was authorized by chapter 187 of the Laws of 1904, One John Stackpdle filed with the city…
1Opinion of the Court
Smith, J.:
The right of the appellant to appeal from this order is challenged because of the privilege given therein to renew the motion upon additional papers. The application was denied because a proper bond was not presented. If the right to renew Upon another and proper bond were dependent upon this permission the order w.ould probably not be such a final order as to authorize' an appeal. (See Robbins v. Ferris, 5 Hun, 286; Wells, Fargo & Co. v. W., C. & P. C. R. R. Co., 12 App. Div. 49.) The. bank, however, might' without such permission have presented another bond and might have asked…
2Cases cited1 opinion
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Lake v. LakeAppellate Division of the Supreme Court of the State of New York · 1908
- Russell & Erwin Manufacturing Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- New Farley Nat. Bank v. Montgomery CountyAlabama Court of Appeals · 1919
- Lake v. LakeAppellate Division of the Supreme Court of the State of New York · 1908