Mechanics & Traders' National Bank v. Mayor of New York
New York Supreme Court
This is a contest between different claimants for a sum of money admitted by the city to be due on a contract for regulating, &c., Eleventh avenue, made by the defendant, Michael Gavin, Hovejnber 1, 1875. There is no contest as to the amount, the city conceding that there is due the sum of $12,178, with interest from January 19, 1878. There are three kinds of claims: 1st. The bank claims, by assignment of moneys due and to grow due, all the funds. 2d.
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This is a contest between different claimants for a sum of money admitted by the city to be due on a contract for regulating, &c., Eleventh avenue, made by the defendant, Michael Gavin, Hovejnber 1, 1875. There is no contest as to the amount, the city conceding that there is due the sum of $12,178, with interest from January 19, 1878. There are three kinds of claims: 1st. The bank claims, by assignment of moneys due and to grow due, all the funds. 2d. The defendants, Jeremiah P. Bussell and David S. Babcock, claim portions by equitable assignments or orders. 3d. The defendants, the Bigelow…
1Opinion of the CourtLawrence, J.
Many of the questions which were elaborately discussed on the summing up of this case I do not deem it necessary for me to consider for the reason that, whether the ordinance referred to by counsel is valid or invalid, it was quite competent for the contractor and the city, as between themselves, to insert in the contract the provision in reference to liens. Ho creditor of the contractor who claims under the contract can have any greater rights than Gavin himself had under the contract. It was the intention of Gavin, and of the corporation of the city, that those who had done work and…
2Cases cited1 opinion
- Schafer v. . ReillyNew York Court of Appeals · 1872
3Cited by5 opinions
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