Goodrich v. Gillies
New York Supreme Court
Appeal from special term, New York county. Action by John I. Goodrich against John Gillies and the mayor, etc., of the city of New York, to foreclose an alleged lien upon moneys in the hands of the comptroller of the city of New York, due from said city to the defendant Gillies, upon a contract between him and the city to build a pier and bulkhead at the foot of Rivington street, East river.
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Appeal from special term, New York county. Action by John I. Goodrich against John Gillies and the mayor, etc., of the city of New York, to foreclose an alleged lien upon moneys in the hands of the comptroller of the city of New York, due from said city to the defendant Gillies, upon a contract between him and the city to build a pier and bulkhead at the foot of Rivington street, East river. The lien is claimed under section 1831 of chapter 410 of the Laws of 1882, which gives a lien to parties furnishing materials, etc., towards the performance of public works done by the city of New York.-…
1Opinion of the CourtLawrence, J.
This cause was before the general term on an appeal from a judgment rendered at special term in December, 1891. That iudginent was reversed, as appears from the opinion then delivered, on the ground that it did not appear that the merchandise which was the subject of the lien, or any part of it, had been used towards the performance or completion of a contract made with the mayor, aldermen, and commonalty of the city of New York, and that therefore a case was not made out entitling the plaintiff to a lien, under the provisions ■of section 1824 of the consolidation act. The court, on the…
2Cases cited4 opinions
- Benton v. . WickwireNew York Court of Appeals · 1873
- Foster v. SchneiderNew York Supreme Court · 1888
- Gaskell v. BeardNew York Supreme Court · 1890
- Goodrich v. GilliesNew York Supreme Court · 1891
3Cited by4 opinions
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Goodrich v. GilliesNew York Supreme Court · 1894
- Lincoln National Bank v. John Peirce Co.New York Supreme Court · 1917
- Williams v. DaikerNew York Supreme Court · 1900