In re John R. Sheehan & Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Herman A., Metz, as comptroller of the city of New York, and by the Fitzgibbons Boiler Company, from an order of the Supreme Court, made.-at the New York Special Term and entered in the office of the c]erk of the county of New York on the 14tli day of July, 1909, denying a motion made by said boiler company to vacate an order theretofore entered herein discharging certain notices of the delivery of material under a conditional bill of sale.
1Opinion of the Court
Laughlin, J.:
The order from which the appeal was taken was evidently made on the theory that the notices that the material was delivered under a conditional bill of sale, by which title was not to pass until payment of the contract price, in effect, constituted a mechanic’s lien, and it directs that they be discharged the same as if they were mechanics’ liens, on the giving of the undertaking by the contractor who has a contract with the city made by the board of trustees of the Bellevue and allied ■ hospitals for the performance of certain work at the G-ouverneur Hospital. The Fitzgibbons…
2Cited by2 opinions
- Philipp Bros. Chemicals, Inc. v. United StatesUnited States Customs Court · 1963
- Fitzgibbons Boiler Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916