Legal Opinion

General Fireproofing Co. v. Keepsdry Construction Co.

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

Decided June 30, 1916PublishedCited by 4 opinions

Appeal by the plaintiff, The General Fireproofing Company, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Albany on the 8th day of March, 1916, as adjudges that the assignment to the New York State National Bank, Albany, from The Keepsdry Construction Company, was properly filed, and from so much of said judgment as directs that.

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Appeal by the plaintiff, The General Fireproofing Company, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Albany on the 8th day of March, 1916, as adjudges that the assignment to the New York State National Bank, Albany, from The Keepsdry Construction Company, was properly filed, and from so much of said judgment as directs that. The People of the State of New York pay out of the fund in its hands the sum of $5,186.49 to the defendant New York State National Bank, Albany. The judgment was rendered upon the…

1Opinion of the Court

Howard, J. :

On November 13, 1914, the defendant The Keepsdry Construction Company entered into a contract with the State of New York to do certain work and furnish certain material in the assembly chamber at the Capitol for the sum of $13,800. The plaintiff, as a subcontractor, performed much of the work and furnished much of the material under this contract. The contract has been completed and there remains due from the State, and unpaid, $7,275. There is due and owing from the original contractor to the plaintiff a sum in excess of the amount due from the State and it has filed a lien to…

2Cases cited1 opinion

  1. Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902

3Cited by4 opinions

  1. Armstrong v. State Bank of MayvilleAppellate Division of the Supreme Court of the State of New York · 1917
  2. Giant Portland Cement Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Armstrong v. State Bank of MayvilleAppellate Division of the Supreme Court of the State of New York · 1917
  4. Ludlow Valve Manufacturing Co. v. Village of MiddleportNew York Supreme Court · 1918

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