Giant Portland Cement Co. v. . State
New York Court of Appeals
Appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 15, 1919, which modified and affirmed as modified a judgment of Special Term determining the rights, in a sum due on a contract for highway construction, of several mechanics’ lienors and an assignee of moneys due and to become due on said contract.
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Appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 15, 1919, which modified and affirmed as modified a judgment of Special Term determining the rights, in a sum due on a contract for highway construction, of several mechanics’ lienors and an assignee of moneys due and to become due on said contract. The Appellate Division erred in holding that plaintiff could have no lien for materials delivered but not used. (Lien Law, § 5; Gates & Co. v. Stevens Construction Co., 220 N. Y. 38; Sears v. Wise, 52 App. Div. 118; Ocorr &…
1Opinion of the Court
Hiscock, Ch. J.
This appeal deals with conflicting claims to a surplus arising under a contract for road construction between the plaintiff and various defendants and between defendants themselves. The parties all" claim under mechanics’ hens with the exception of the National Bank of Commerce which claims under an assignment by the contractor of moneys due and to grow due upon the contract.
In 1914 one Cowles entered into a contract with the state for the construction of a highway. Materials were sold to him and labor performed for him for the purpose of carrying out said contract by one…
2Cases cited10 opinions
- Maryland Brick Co. v. SpilmanCourt of Appeals of Maryland · 1892
- Burns v. SewellSupreme Court of Minnesota · 1892
- Hercules Powder Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1904
- Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Riverside Contracting Co. v. City of New YorkNew York Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
- Republic Nat. Bank & Trust Co. v. Massachusetts Bonding & Ins.Court of Appeals for the Fifth Circuit · 1934
- Tabet v. DavenportNew Mexico Supreme Court · 1953
- American Blower Corp. v. James Talcott, Inc.New York Supreme Court · 1959
- P.T. & L. Construction Co. v. WinnickAppellate Division of the Supreme Court of the State of New York · 1977
16 more not listed; retrieve them via the Exa API.