Foster v. Schneider
New York Supreme Court
Appeal from special term, New York county; O’Brien, Justice. Action by G-irand Poster against Matthias H. Schneider, the Pelham Hod-Elevating Company, Margarethe Clemens, William Wilkenning, James H. Lee, Franklin Lee, Nelson Holland, Charles S. Kendall, impleaded with others, to foreclose a mortgage.
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Appeal from special term, New York county; O’Brien, Justice. Action by G-irand Poster against Matthias H. Schneider, the Pelham Hod-Elevating Company, Margarethe Clemens, William Wilkenning, James H. Lee, Franklin Lee, Nelson Holland, Charles S. Kendall, impleaded with others, to foreclose a mortgage. From an order on the report of the referee finding that Margarethe Clemens had the first lien on the surplus proceeds of sale, and directing the payment to her of $1,540, the Pelham Hod-Elevating Company, J. H. Lee, and others, and William Wilkenning, appeal.
1Opinion of the CourtDaniels, J.
The right of the appellants to successfully contest the disposition of the surplus moneys in controversy depends upon the fact whether the respondent, Margarethe Clemens', acquired a lien under chapter 342 of the Laws of 1885, for the value of the services rendered and the material supplied by her in performing the plumbing work in the buildings standing upon the land sold under the mortgage. She had entered into a contract with the owner •of the property to perform the plumbing in the buildings for the sum $2,400. There was but one contract made and entered into for this, object, and it…
Also in this document: Concurrence.
2Cases cited4 opinions
- Frees v. . FordNew York Court of Appeals · 1852
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- The People Ex Rel. v. . KnowlesNew York Court of Appeals · 1872
- Van Loon v. . LyonsNew York Court of Appeals · 1874
3Cited by19 opinions
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Gibbs v. HanchetteMichigan Supreme Court · 1892
- In re EmslieCourt of Appeals for the Second Circuit · 1900
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Gaskell v. BeardNew York Supreme Court · 1890
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