Troy Public Works Co. v. . City of Yonkers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 20, 1911, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notice of lien filed by the plaintiff created a valid lien under the statute. (S. P. Co. v. G. & J. Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 20, 1911, affirming a judgment in favor of defendant, respondent, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notice of lien filed by the plaintiff created a valid lien under the statute. (S. P. Co. v. G. & J. Ry. Co., 183 N. Y. 306; Dixon v. LaFarge, 1 E. D. Smith, 722; Beals v. F. & D. Co., 76 App. Div. 526; B. & S. L. Co. v. M. P. M. Co., 130 N. W. Rep. 866; C. R. &…
1Opinion of the CourtWerner, J.
This is an action brought to foreclose a mechanic’s lien. The only question to be decided on this appeal is whether the plaintiff is entitled to a lien for the rent of a steam shovel which it leased to a contractor for use in the construction of public works. The facts which relate to that question are few and simple. One Bailey undertook to construct two sand filter beds for the city of Yonkers. He wanted to use a steam shovel in the prosecution of the work, and he rented one from the plaintiff at a stipulated rental of $300 per month and the freight charges for shipment of the machine to…
2Cases cited5 opinions
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Basshor v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1886
- McAuliffe v. JorgensonWisconsin Supreme Court · 1900
- Builders Material Co. v. JohnsonAppellate Court of Illinois · 1910
- Burke v. BrownCourt of Appeals of Texas · 1895
3Cited by26 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Shultz v. C. H. Quereau Co.New York Court of Appeals · 1914
- Sherman v. Am. Sur. Co. of N.Y.California Supreme Court · 1918
- Southern Surety Co. v. Metropolitan Sewerage CommissionWisconsin Supreme Court · 1923
- Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
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