New York Lumber & Wood-Working Co. v. Seventy-third Street Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Seventy-third Street Building Company, from so much of a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 20th day of August, 1895, upon the report of a referee, as in any way adjudges the lien therein mentioned to be valid, and from so much of said judgment as adjudges that plaintiff acquired a good and valid lien, and from such part…
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Appeal by the defendant, The Seventy-third Street Building Company, from so much of a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 20th day of August, 1895, upon the report of a referee, as in any way adjudges the lien therein mentioned to be valid, and from so much of said judgment as adjudges that plaintiff acquired a good and valid lien, and from such part thereof as in any way adjudges the deed therein mentioned to be fraudulent and void, and from all parts of said judgment in…
1Opinion of the Court
Rumsey, J. :
The action was brought to foreclose a mechanic’s lien filed by the plaintiff on the 15th day of June, 1888, for building materials sold and delivered to William J. Merritt & Co., which were furnished to and used by Merritt & Co. in the erection of forty-one houses on Seventy-third street, near West End avenue. The plaintiff alleged that sixteen of these houses had been sold to the defendant, The Seventy-third Street Building Company, but that the transfer to them was in fraud of the creditors, and judgment was asked, among other things, that the conveyance from Merritt to the…
2Cases cited1 opinion
- Gross v. DalyNew York Court of Common Pleas · 1875
3Cited by2 opinions
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913
- Concord Construction Co. v. PlanteAppellate Division of the Supreme Court of the State of New York · 1910