Legal Opinion · Dissent

Allied Thermal Corp. v. James Talcott, Inc.

New York Court of Appeals

Decided July 3, 1957Published

1Dissent

Conway, Ch. J. (dissenting).

In substance the complaint alleges that Baker, Smith & Co., Inc., a subcontractor (hereinafter referred to as Baker Smith), a New York Corporation which has since been adjudicated a bankrupt, contracted with Hegeman-Harris Co., Inc., a general building contractor, to furnish labor and materials for an improvement of “ certain real property ’ ’; that plaintiffs furnished materials to Baker Smith for this improvement for which they have not been paid; that Baker Smith received in New York, as partial payment for the improvements on the realty, checks totalling…

2Cases cited6 opinions

  1. Mallory Associates, Inc. v. Barving Realty Co.New York Court of Appeals · 1949
  2. Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
  3. Albert Pick Co. v. TravisDistrict Court, E.D. New York · 1933
  4. Corbin-Kellogg Agency, Inc. v. TaskerAppellate Division of the Supreme Court of the State of New York · 1936
  5. Standard Sand and Gravel Co. v. . the City of New YorkNew York Court of Appeals · 1918

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