Legal Opinion

Armstrong v. Borden's Condensed Milk Co.

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

Decided July 1, 1901PublishedCited by 9 opinions

Appeal by the defendant, Otto E. Reimer Company, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th •day of April, 1901, upon the decision of the court rendered after a trial at the Queens County Special Term, which provides that the general assignment to Charles N. Talbot, made the 7th day of March, 1900, and filed in the office of the clerk of the county of New York on the 8th day…

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Appeal by the defendant, Otto E. Reimer Company, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th •day of April, 1901, upon the decision of the court rendered after a trial at the Queens County Special Term, which provides that the general assignment to Charles N. Talbot, made the 7th day of March, 1900, and filed in the office of the clerk of the county of New York on the 8th day of March, 1900, at nine-ten a. m., and in the office of the clerk of the county of Kings on the 9th day of March, 1900,…

1Opinion of the Court

Woodward, J.:

There is no dispute as to the facts in this case. In August, 1899, the defendant Borden’s Condensed Milk Company, being the owner of the land described in the complaint, contracted in writing with the defendant Robinson, under his business name of Robinson & Wallace, for the construction of a building thereon. The defend*504ant appellant, Otto E. Reimer Company, was a sub-contractor under this contract and furnished to Robinson materials for the building of the value of $2,799.34, no part of which has been paid. The plaintiff, Armstrong, was also a sub-contractor under Robinson, and…

2Cases cited2 opinions

  1. Warner v. . JaffrayNew York Court of Appeals · 1884
  2. Bates v. Salt Springs National BankNew York Court of Appeals · 1898

3Cited by9 opinions

  1. John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
  2. Crane Co. v. Pneumatic Signal Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. John P. Kane Co. v. KinneyAppellate Division of the Supreme Court of the State of New York · 1902
  4. In re RoeberCourt of Appeals for the Second Circuit · 1902
  5. Crane Co. v. Pneumatic Signal Co.New York Supreme Court · 1904

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