Riverside Contracting Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of defendant, respondent, entered upon a décision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of defendant, respondent, entered upon a décision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s lien is superior to the assignment to the First National Bank of Bayonne! (M. & T. Bank v. Winant, 123 N. Y. 265; M. & T. Bank v. Mayor, etc., 97 N. Y. 355; Mayor, etc., v. M. & T. Bank, 130 App. Div. 750; Bates v. Salt Springs Bank, 157 N. Y.…
1Opinion of the CourtHiscock, J.
This appeal calls upon us to consider conflicting claims to a balance due on a contract made by the city of New York with the Harbor Dredging and Scow Construction Company of which company the appel- - lant Canter is now receiver in bankruptcy. As the j udgment stands this balance has been awarded to the receiver of the First National Bank of Bayonne .under an assignment made to said bank by said Construction Company covering said balance, and the appellants who claim various portions of said balance as supposed lienors, on account of labor and materials performed for or furnished to said…
2Cases cited4 opinions
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
- Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
- McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by15 opinions
- Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
- United States v. Kings County Iron Works, Inc.Court of Appeals for the Second Circuit · 1955
- Giant Portland Cement Co. v. . StateNew York Court of Appeals · 1922
- Lincoln National Bank v. John Peirce Co.New York Court of Appeals · 1920
- Kniffin v. StateNew York Court of Appeals · 1940
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