Legal Opinion

Wills v. James

New Jersey Court of Chancery

Decided January 13, 1926Published

1Opinion of the Court

The single question for determination herein is whether under the provisions of our Municipal Mechanics' Lien law (Revision of 1918) a lien may be maintained against money in the possession of a municipality and due from the municipality to a contractor by one who has supplied labor or materials to a subcontractor, when it is made to appear that at the time of the claim of lien was filed the contractor had paid the subcontractor in full.

Under the old act (P.L. 1892 p. 369) this inquiry was answered in the negative in Garrison v. Borio, 61 N.J. Eq. 236. It was there determined that while a…

2Cases cited6 opinions

  1. Cope v. C. B. Walton Co.New Jersey Court of Chancery · 1910
  2. Grace v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1906
  3. Garrison v. BorioNew Jersey Court of Chancery · 1901
  4. Hermann & Grace v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1907
  5. United States Fidelity & Guaranty Co. v. City of NewarkNew Jersey Court of Chancery · 1909

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