Post v. Geldziler

The opinion of the court was delivered by

Parker, J.

This is a suit by a materialman against owner, upon a stop-notice served pursuant to sections 3 and 5 of the Mechanics’ Lien act (Comp. Stat., p. 3390, et seq.), especially the latter; the theory of the suit being that the owner had paid moneys to the contractor in advance of the terms of the contract, and that such moneys were subjected by the statute to the plaintiffs stop-notice. The trial was had before Judge Porter, sitting without jury, and he decided that there were no moneys in the owner’s hands or which should be in his hands,…