John Mulstein Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 9, 1914, affirming a judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The receiver was duly appointed and he duly qualified. (Wright v. Nostrand, 94 N. Y. 33; Matter of Backus, 91 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 9, 1914, affirming a judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The receiver was duly appointed and he duly qualified. (Wright v. Nostrand, 94 N. Y. 33; Matter of Backus, 91 App. Div. 266; 179 N. Y. 571; Matter of Buchsbaum v. Lane, 63 Misc. Rep. 374.) The funds in the hands of the comptroller at the date of…
1Opinion of the CourtMiller, J.
This is an action to foreclose a lien on a public improvement. The contest is between mechanic lienors and the appellant, a receiver appointed in proceedings supplementary to an execution issued on a judgment against the principal contractor rendered prior to the award of the contract between him and the city of New York, out of which the fund in controversy arose. The said judgment was entered and the judgment roll filed in the county of Nassau on the 15th day of February, 1912. The judgment debtor resided in Kings county. The order for his examination was granted by a justice of the Supreme…
2Cases cited6 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Ward v. . RoyNew York Court of Appeals · 1877
- In re BackusAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
- People ex rel. H. D. H. Realty Corp. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1920
- Horton v. Queens County Machinery Corp.New York Supreme Court · 1917
- Williams v. New York Zinc Co.Court of Appeals for the Second Circuit · 1928
- Bachmann v. DirraneAppellate Division of the Supreme Court of the State of New York · 1949
1 more not listed; retrieve them via the Exa API.