Lawrence v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George H. Lawrence and others, as executors, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of December, 1909, upon the decision of the court,, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Dissent
Ingeaham, P. J. (dissenting) :
The plaintiffs brought this action, not to obtain a money judgment against the defendant to which they would have been entitled under section 1837 of the Code of Civil Procedure, but to impress a lien *634•upon a fund which was the proceeds of real estate the title to which had been acquired by the city of New York.
We held on a former appeal that the plaintiffs had no lien upon this fund, and were not entitled to a judgment establishing such a lien (112 App. Div. 241; Wendel v. Binninger, 132 id. 785). Upon, the trial the plaintiffs did not ask for a personal…
2Cases cited1 opinion
- Lawrence v. GroutAppellate Division of the Supreme Court of the State of New York · 1906