John P. Kane Co. v. Kinney
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles N. Talbot, as assignee for the benefit of creditors of Andrew J. Robinson, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain defendants,, entered in the office of the clerk of the county of New York on the 3d day of June, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, as adjudges that the plaintiff and the defendants Clarence L. Smith and William C. W. Child have good and valid…
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Appeal by Charles N. Talbot, as assignee for the benefit of creditors of Andrew J. Robinson, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain defendants,, entered in the office of the clerk of the county of New York on the 3d day of June, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, as adjudges that the plaintiff and the defendants Clarence L. Smith and William C. W. Child have good and valid liens upon the premises described in the complaint, and that they have judgment against the defendant Kinney for the…
1Opinion of the Court
Laughlin, J.:
The action is brought to foreclose a mechanic’s lien. The sole question presented on this appeal is, does a general assignment for the benefit of creditors made by a contractor take precedence over *164¡a mechanic’s lien subsequently filed, but within the statutory period, by his sub-contractor, for materials delivered or labor performed prior to the assignment ? In a' recent case, arising on the same assignment and similar facts and directly involving this question, the Appellate Division in the second department unanimously decided tthat the filing of the mechanic’s lien subsequent…
2Cases cited1 opinion
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- In re RoeberCourt of Appeals for the Second Circuit · 1902
- In re RoeberDistrict Court, E.D. New York · 1902
- In re Interstate Paving Co.District Court, N.D. New York · 1912
- Boyle v. Robinson Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Meyers v. RichAppellate Division of the Supreme Court of the State of New York · 1902
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