Hildreth Granite Co. v. City of Watervliet

The defendants move for the dismissal of the complaint. •

The plaintiff seeks the foreclosure of a mechanic’s lien. Notice of lien was filed January 13, 1913.

The lien is for material furnished defendant Nolan, a contractor, and used by him in the pavement of a street in the city of Watervliet.

Two days before the lien was filed the defendant Nolan was adjudged a bankrupt and defendant Claessens was appointed trustee.

These facts are alleged in the complaint.

Upon the complaint the defendants move for a dismissal upon the ground that the complaint does not set forth a cause of action, for the…