Legal Opinion

Bluff Point Stone Co. v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1917PublishedCited by 6 opinions

Appeal by the defendant, United States Fidelity and Guaranty Company of Baltimore, Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 10th day of April, 1917, upon the decision of the court after a trial at the Clinton Special Term.

1Opinion of the Court

Woodward, J.:

This action was brought to foreclose a lien filed by the Bluff Point Stone Company against funds of the State applicable to road improvement. Thereafter the funds so incumbered were released by the execution and filing of a bond, upon which the appellant appears as surety, so conditioned as to comply with section 21 of the Lien Law (Consol. Laws, chap. 33 [Laws of 1909, chap. 38], added by Laws of 1911, chap. 873, as amd. by Laws of 1914, chap. 266).

The facts are nót much in controversy. The principal contention of the appellant is that the notice of lien was so defective as to…

2Cases cited1 opinion

  1. Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911

3Cited by6 opinions

  1. Dwelle-Kaiser Co. v. FridAppellate Division of the Supreme Court of the State of New York · 1931
  2. Dwelle-Kaiser Co. v. FridNew York Supreme Court · 1931
  3. Dwelle-Kaiser Co. v. MoonAppellate Division of the Supreme Court of the State of New York · 1932
  4. Callanan Industries, Inc. v. Highbridge Electric Co.New York Supreme Court · 1975
  5. Cameron Equipment Corp. v. PeopleNew York Supreme Court · 1968

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