Weaver v. Atlantic Roofing Co.
New Jersey Court of Chancery
On bill, answer and stated and agreed facts. The complainant files her bill of complaint in the nature of an interpleader, seeking to be protected from the conflicting claims of the defendants upon $745.78, which has been deposited in this court as the money remaining due under the terms of a contract made between the complainant and one Ellwood Thompson for the alteration of an old building and the erection of a new part of a building at Atlantic City.
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On bill, answer and stated and agreed facts. The complainant files her bill of complaint in the nature of an interpleader, seeking to be protected from the conflicting claims of the defendants upon $745.78, which has been deposited in this court as the money remaining due under the terms of a contract made between the complainant and one Ellwood Thompson for the alteration of an old building and the erection of a new part of a building at Atlantic City. The contract is dated February 20th, 1896, and thereby the contractor, Thompson, agrees “to make such alterations and erect such new work as…
1Opinion of the Court
Grey, V. C.
It has been settled in this state that to invest a claimant, for work done or materials furnished in constructing a building, with the right, under the third section of the Mechanics’ Lien act, to give notice to the owner demanding payment of the debt due the claimant from the contractor, the building must have been erected by contract in writing, filed in the clerk’s office, under section 2 (now section 37 of that act), in such manner that the claimant is thereby deprived of his right to file a mechanics’ lien. In case there is no such contract and filing his remedy is by…
2Cases cited2 opinions
- Pimlott v. HallSupreme Court of New Jersey · 1893
- La Foucherie v. KnutzenSupreme Court of New Jersey · 1895
3Cited by10 opinions
- In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
- Messer v. CommissionerUnited States Tax Court · 1969
- Sheeran v. SitrenNew Jersey Superior Court Appellate Division · 1979
- In re StigerDistrict Court, D. New Jersey · 1913
- Chesebro-Whitman Co., Inc. v. EDENBORO APTS.New Jersey Superior Court Appellate Division · 1965
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