Parsons v. Curran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick Bartnett and another, copartners, etc., from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 13th day of March, 1911, upon the decision of the court, rendered after a trial at the Westchester Special Term, as adjudges that the plaintiff New Rochelle Coal and Lumber Company is entitled to be paid no sum of money out of the recovery against the…
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Appeal by the defendants, Patrick Bartnett and another, copartners, etc., from so much of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 13th day of March, 1911, upon the decision of the court, rendered after a trial at the Westchester Special Term, as adjudges that the plaintiff New Rochelle Coal and Lumber Company is entitled to be paid no sum of money out of the recovery against the defendant Hugh G-. Curran before the appellants are paid.
1Opinion of the Court
Hirschberg, J.:
This appeal presents the question for determination whether the assignment of a mechanic’s lien by a contractor to a creditor for a valuable consideration, viz., inpayment of a bona fide indebtedness, is valid against sub-contractors filing mechanics’ liens against the same premises after the making and filing of the said assignment. The facts are not in dispute. On August 28, 1908, the plaintiffs, the members of the firm of Parsons & Kelly, duly filed a notice of mechanic’s lien against the premises in question. On September 1, 1908, by an instrument in writing under seal,…
2Cases cited6 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Crane Co. v. Pneumatic Signal Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Behrer v. McMillanAppellate Division of the Supreme Court of the State of New York · 1906
- Crane Company v. . SmytheNew York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Horton v. Queens County Machinery Corp.New York Supreme Court · 1917