Ridgway v. Bacon
New York Supreme Court
Appeal from special term, New York county. Action by Edgar L. Ridgway, as temporary administrator of William L. Muller, deceased, against Charles P., Bacon, Lewis M. Smith, William Fiske, and Douglas Boardman, as executor of Jennie McGraw Fiske, deceased, to enforce a lien on a fund in defendant Boardman’s hands.
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Appeal from special term, New York county. Action by Edgar L. Ridgway, as temporary administrator of William L. Muller, deceased, against Charles P., Bacon, Lewis M. Smith, William Fiske, and Douglas Boardman, as executor of Jennie McGraw Fiske, deceased, to enforce a lien on a fund in defendant Boardman’s hands. Defendant Bacon demurred to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action, and that causes of action were improperly united. From an interlocutory judgment overruling the demurrer said defendant Bacon appeals.
1Opinion of the CourtFollett, J.
This is a very simple and common equitable action brought to have it adjudged that a lien exists on a specific fund in the hands of one of the defendants, for its enforcement out of that fund, to determine the rights of the two rival claimants to the lien, and for the recovery of a judgment for any deficiency against the person who gave the lien as security for the performance of his promise to pay a definite sum of money. Such an action may be maintained in a court of equity. Fletcher v. Morey, 2 Story, 555; Jones, Liens, §§ 43, 93; Pom. Eq. Jur. §§ 169, 170, 1237. It is alleged that by…
2Cases cited2 opinions
- Fletcher v. MoreyU.S. Circuit Court for the District of Massachusetts · 1843
- Norton v. WarnerNew York Court of Chancery · 1837
3Cited by4 opinions
- Kelley v. Bluff Creek Oil CompanyTexas Supreme Court · 1958
- Rosenberg v. CohenSupreme Judicial Court of Maine · 1928
- Selleck v. Manhattan Fire Alarm Co.Appellate Terms of the Supreme Court of New York · 1910
- Kelley v. Bluff Creek Oil CompanyTexas Supreme Court · 1958