Edison Electric Illuminating Co. of New York v. Guastavino Fireproof Constr. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action of interpleader by the Edison Electric Illuminating Company of New York against the G-uastavino Fireproof Construction Company and others. From a judgment of distribution, defendant Gustavus Isaacs appeals. Modified. Percy Jackson, for respondents Guastavino Fireproof Const. Co. and Percy Jackson, assignee.
1DissentBarrett, J.
I am unable to concur in the view that the appellant is entitled to a greater sum than the $2,000 awarded to him in the judgment appealed from. On February 1, 1894, the day when his attachment was levied, the architects gave a certificate that the sum of $2,000 was due; and this is the only sum they have certified which has not been paid. As their certificate is made a condition precedent to payment, and there is no proof of the demand and refusal of a further certificate, there is a difficulty at once in the way of the appellant’s claim. In addition to this, however, it appears, according to…
2Cases cited1 opinion
- Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894