Crane Co. v. Pneumatic Signal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Crane Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 24th day of December, 1903, upon the decision of the court rendered after a trial at the Monroe Special Term dismissing the complaint and canceling of record a. notice of lien theretofore filed by the plaintiff for materials furnished.
1Opinion of the Court
Hiscock, J. :
This appeal involves the question of priority between a trustee in voluntary bankruptcy and a creditor under a mechanic’s lien filed after the adjudication in bankruptcy for material furnished to the bankrupts prior thereto.
We think that the learned trial justice was wrong'in holding, as he did, that the adjudication in bankruptcy cut off the right of the i . materialman to file and enforce its lien.
The defendant Pneumatic Signal Company, being the owner of certain premises, made a contract with the defendants McDonell & Dumond. to perform labor and furnish material for a…
2Cases cited2 opinions
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by13 opinions
- In re GrisslerCourt of Appeals for the Second Circuit · 1905
- Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
- In Re WillaxCourt of Appeals for the Second Circuit · 1937
- Behrer v. McMillanAppellate Division of the Supreme Court of the State of New York · 1906
- Chickasaw Hotel Co. v. C. B. Barker Construction Co.Tennessee Supreme Court · 1916
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