Armstrong v. State Bank of Mayville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Buffalo Oarey Company and others, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Chautauqua on the 17th day of March, 1916, as decrees that the defendant State Bank of Mayville recover the sum of $5,000 and interest' herein; that after the payment of the plaintiffs’ claim there shall next be paid said sum of $5,000 and interest to the defendant State Bank of Mayville,…
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Appeal by the defendants, Buffalo Oarey Company and others, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Chautauqua on the 17th day of March, 1916, as decrees that the defendant State Bank of Mayville recover the sum of $5,000 and interest' herein; that after the payment of the plaintiffs’ claim there shall next be paid said sum of $5,000 and interest to the defendant State Bank of Mayville, and that such bank is entitled to priority of payment over the appellants. The judgment was entered upon the decision of…
1Dissent
Merrell, J. (dissenting):
In filing its assignment with the State Comptroller instead of the State Treasurer I think the defendant bank neglected to comply with the provisions of the Lien Law applicable thereto. *271Section 16 of the Lien Law (Consol. Laws, chap. 33 [Laws of 1909, chap. 38], as added by Laws of 1911, chap. 873)* contains the only statutory provision relating to the filing of such an instrument, and provides that no such assignment shall be valid until the same or a copy thereof shall be filed “with the financial officer of the municipal corporation or other officer or person…
2Cases cited1 opinion
- General Fireproofing Co. v. Keepsdry Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916