Armstrong v. Chisolm
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles N. Talbot, as assignee of Andrew J. Robinson for the benefit of creditors, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 4th day of March, 1904, upon the decision of the court rendered after a trial at the New York Special Term, as directs that the defendant Henry W. Miller recover of the defendant Mary A. Chisolm the sum of $2,082.14, together with costs and interest, and…
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Appeal by the defendant, Charles N. Talbot, as assignee of Andrew J. Robinson for the benefit of creditors, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 4th day of March, 1904, upon the decision of the court rendered after a trial at the New York Special Term, as directs that the defendant Henry W. Miller recover of the defendant Mary A. Chisolm the sum of $2,082.14, together with costs and interest, and from so much of said judgment as directs that any sum is to be paid to the defendant Miller by the defendant Chisolm…
1Opinion of the Court
Laughlin, J.:
The action was brought to foreclose a mechanic’s lien. The sole controversy is between the assignee for the benefit of creditors of the general contractor and a sub-contractor to whom the general contractor delivered orders upon the owner, claimed to be equitable assignments, which were presented for payment but not filed in the office of the county clerk prior to the making of the general assignment. Robinson was the general contractor, but he was doing business under the name of Robinson & Wallace. He contracted with the owner to make certain alterations in the Inverness…
2Cases cited8 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Lauer v. . DunnNew York Court of Appeals · 1889
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Stevens v. . OgdenNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Van Kannel Revolving Door Co. v. AstorAppellate Division of the Supreme Court of the State of New York · 1907
- Rochester Capital Leasing Corp. v. ChristianCourt of Appeals of Georgia · 1964
- Glens Falls Portland Cement Co. v. Van Wirt Construction Co.New York Supreme Court · 1928
- In re Interstate Paving Co.District Court, N.D. New York · 1912
4 more not listed; retrieve them via the Exa API.