Edison Electric Illuminating Co. v. Guastavino Fire Proof Construction Co.
Appellate Division of the Supreme Court of the State of New York
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
- Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894