Birmingham Iron Foundry v. Glen Cove Starch Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The contract being between non-residents, made to be performed in a foreign State, did not give plaintiff a right to a lien in this State.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The contract being between non-residents, made to be performed in a foreign State, did not give plaintiff a right to a lien in this State. (2 Kent’s Com., 458; Strong on Confl. of Laws, §§ 272, 278; Whitehead v. B. and L. H. R. Co., 18 How. Pr., 218; Campbell v. Props. of C. and St. L. R. R., 18 id., 412; Mullin v. Hicks, 49 Barb.,…
1Opinion of the CourtEarl, J.
This is an action to enforce a lien, under chapter 478 of the Laws of 1862, against the real estate of the defendant, situated at Glen Cove, in Queens county. The plaintiff is a Connecticut, and the defendant a How York corporation. In March, 1875, the defendant made a contract with the Woodruff Iron Works, a firm doing business at Hartford, Connecticut, for a steam engine. That firm was to manufacture the engine complete and deliver it to the defendant on a vessel at Hartford, and to furnish a suitable man to superintend its erection in the defendant’s starch factory at their own expense,…
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