Pusey v. Bradley
New York Supreme Court
Appeal from an order continuing an injunction. The case is as follows: On the 9th December, 1871, Charles J. Pusey contracted with the Sodus Point and Southern Railroad Company to furnish it with rails, materials, rolling stock and equipment of the value of about $450,000. On the 9th January, 1873, Patrick- W. Bradley and Peter Nicholson contracted with said company to construct a portion of its roadbed.
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Appeal from an order continuing an injunction. The case is as follows: On the 9th December, 1871, Charles J. Pusey contracted with the Sodus Point and Southern Railroad Company to furnish it with rails, materials, rolling stock and equipment of the value of about $450,000. On the 9th January, 1873, Patrick- W. Bradley and Peter Nicholson contracted with said company to construct a portion of its roadbed. This contract was made on the basis of surveys and measurements made by Caleb A. Canfield, the company’s chief engineer, and at prices fixed by Bradley and Nicholson, whereby it appeared that…
1Opinion of the CourtBrady, J.
If the claim of Bradley and Nicholson is not just, it can he contested by the company, in the proceeding to enforce the lien acquired by the laws of this State. Oh. 402, Laws of 1854, p. 1086, §§ 13, 14; Laws 1858, p. 324; Laws 1870, p. 1283. The plaintiffs are not therefore entitled to the continuance of the injunction granted in all respects. This conclusion is the result of several examinations of this controversy, so far as it is disclosed by the papers. If the company were in collusion with Bradley and Nicholson, or were friendly to them and their claim, it would be otherwise as to the…
2Cases cited3 opinions
- Scoville v. PostNew York Court of Chancery · 1838
- Rhodes v. FarmerSupreme Court of the United States · 1855
- Vanderwerken v. New York & New Haven RailroadNew York Supreme Court · 1857