Murray v. Gerety
City of New York Municipal Court
Action by John A. Murray against John B. Gerety and others to foreelosea mechanic’s lien. William McShane & Co., who filed the lien and thereafter assigned to plaintiff, furnished material to Gerety & Gildea, who did the plumbing and gas-fitting on premises owned by Weld & Meyer. The-amount due Gerety & Gildea for the plumbing was $1,078.94, with interest,, and on the trial it was admitted that the amount due from them to William McShane & Co. for material equaled that sum.
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Action by John A. Murray against John B. Gerety and others to foreelosea mechanic’s lien. William McShane & Co., who filed the lien and thereafter assigned to plaintiff, furnished material to Gerety & Gildea, who did the plumbing and gas-fitting on premises owned by Weld & Meyer. The-amount due Gerety & Gildea for the plumbing was $1,078.94, with interest,, and on the trial it was admitted that the amount due from them to William McShane & Co. for material equaled that sum. To defeat plaintiff’s lien, defendants relied on a judgment recovered by Alice Gerety against the firm of Gerety &…
1Opinion of the CourtMcAdam, C. J.
The firm of Gerety & Gildea was, at the time the transfer was made and judgment recovered, insolvent and unable to pay its debts, and this fact was known, not only to the members of the firm, but to Philip and Alice Gerety. Gerety & Gildea had no property excepting the moneys coming ■to them as a firm from the buildings in question, and these moneys were charged with an equity in favor of MeShane & Co. for the amount of materials which they furnished, and which went into the buildings, and created the fund. The assignment made by them was practically a general assignment, in which the sister…
2Cases cited11 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Geery v. . GeeryNew York Court of Appeals · 1875
- Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903