Edison Electric Illuminating Co. v. Horace E. Frick Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1914, modifying and affirming as modified a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1914, modifying and affirming as modified a judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The unrecorded assignments of the x Horace E. Frick Company to the People’s National Bank of moneys due and to become due, are valid as against every one other than lienors under and by virtue of the Lien Law; a fortiori as to the respondents who contributed nothing to the creation of the fund in…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought by plaintiff for the purpose of procuring a determination of opposing claims to a fund produced under a building contract. While various other issues between the parties to this appeal were litigated upon the trial and are discussed upon this appeal, we are all agreed that after the reversal by the Appellate Division of various findings made by the trial court and upon the new findings made by the former court there only remains for our consideration one question. That question is the one whether section 15 of the law relating to mechanics’ liens, in…
2Cases cited12 opinions
- Schwab v. BerggrenSupreme Court of the United States · 1892
- Matter of MeyerNew York Court of Appeals · 1913
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- Amiesite Construction Corp. v. Luciano Contracting & Building Co.New York Court of Appeals · 1940
- Italian Mosaic & Marble Co. v. City of Niagara FallsNew York Supreme Court · 1928
- Williams Engineering and Contracting Co. v. City of New YorkNew York Court of Appeals · 1917
20 more not listed; retrieve them via the Exa API.