Board of Education v. Tait
New Jersey Court of Chancery
Final hearing on bill'of interpleader, &c. The present controversy is to determine the order in- which certain claims against a fund shall be paid. The fund has been deposited with this court by the board of education of the borough of Riverton.under a bill of interpleader.
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Final hearing on bill'of interpleader, &c. The present controversy is to determine the order in- which certain claims against a fund shall be paid. The fund has been deposited with this court by the board of education of the borough of Riverton.under a bill of interpleader. The fund in controversy is the last installment of a contract made by Peter Tait, as building contractor, with the board of education of the borough of Riverton for the erection of a school house, and is, in amount $5,389.50. A copy of the contract was filed in the clerk’s office of Burlington county. By the terms of the…
1Opinion of the Court
Leaming, V. C.
It will be observed that three classes of claims are here involved : 1. Claims under orders issued by the contractor on the owner; these are first in date of issuance and service. 2. Claims filed under the Municipal Liens act; these are second in date of service. 3. A claim under the stop-notice provisions of the Mechanics' Lien act. This is last in date of service.
It is conceded by the three claimants who claim under the Municipal Liens act that the two claimants who hold orders are entitled to be paid from the fund before their claims can participate. This concession is in…
2Cited by1 opinion
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