Berger Manufacturing Co. v. City of New York

This action is brought to foreclose liens against the city of New York upon contracts for work and material supplied in the erection of a building for a municipal improvement. The facts in this case are substantially conceded. No actually material fact is controverted or disputed. A question of laiv as to which of the parties are entitled to the fund only is involved. The defendant Lewis F. Schoemaker & Co. claims that it is entitled to priority over all the other liens because its lien was first filed. It is contended by the other claimants, to the contrary,- that the lien of the Schoemaker…