Lanna v. C. L. Gates, Inc.

Charles B. Wheeler,

Official Referee. This is an action to establish hens and claims on a fund in the possession of the State growing out of a public improvement in the building of a State highway known as the Stafford-Byron highway, which the defendant C. L. Gates, Inc., contracted with the State to construct.

A fund of $36,894.85 is in the hands of the State Comptroller subject to distribution to those entitled to receive it.

The main contest arises over the validity of an assignment made by the contractor to the Peoples Bank of Hamburg to secure an indebtedness owing to the bank by the…