John P. Kane Co. v. . Kinney
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1902, upon an order which reversed a judgment of Special Term sustaining the validity of a mechanic’s lien against property of the defendant Kinney and dismissed the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1902, upon an order which reversed a judgment of Special Term sustaining the validity of a mechanic’s lien against property of the defendant Kinney and dismissed the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The lien of plaintiff takes precedence over a general assignment for the' benefit of creditors, although the latter was executed and delivered prior to the filing of the lien, but not filed in the office…
1Opinion of the CourtO’Brien, J.
This action was brought to foreclose mechanics’ liens and to determine the priority between the lienors and the general assignee of the contractor for the benefit of creditors. It appears that the defendant Kinney entered into a written contract with the defendant Robinson, whereby the latter agreed to furnish and provide all the labor and materials for and towards the erection of a building for Kinney. The defendant Robinson, the general contractor, furnished labor and materials for the building to the amount of two thousand five hundred and twelve dollars and forty-four cents. It appears…
2Cases cited10 opinions
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Mandeville v. ReedNew York Court of Appeals · 1850
- Smith v. BailyNew York Court of Common Pleas · 1878
- Henderson & Reid v. SturgisNew York Court of Common Pleas · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- City of New York and the Industrial Commissioner of the State of New York v. United StatesCourt of Appeals for the Second Circuit · 1960
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- In re GrisslerCourt of Appeals for the Second Circuit · 1905
- New York-Brooklyn Fuel Corporation v. FullerCourt of Appeals for the Second Circuit · 1926
- Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
43 more not listed; retrieve them via the Exa API.