Legal Opinion · Dissent

Edison Electric Illuminating Co. v. Guastavino Fire Proof Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897No. 1Published

Appeal by the defendant Gustavus Isaacs from so- much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of March, 1896, upon a decision of the Court of Common Pleas for the city and county of New York, rendered after a trial at an Equity Term thereof, as adjudges that the said defendant Gustavus Isaacs, by reason of his attachment, issued and served as in said judgment stated, obtained a lien upon the funds in…

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Appeal by the defendant Gustavus Isaacs from so- much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of March, 1896, upon a decision of the Court of Common Pleas for the city and county of New York, rendered after a trial at an Equity Term thereof, as adjudges that the said defendant Gustavus Isaacs, by reason of his attachment, issued and served as in said judgment stated, obtained a lien upon the funds in the hands of the plaintiff only to the extent of $2,000. The said defendant also further appeals from those parts of the…

1Dissent

Barrett, J. (dissenting):

■ 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 *356appealed 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,…

2Cases cited1 opinion

  1. Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894

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