Hildreth Granite Co. v. City of Watervliet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hildreth Granite Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 20th day of October, 1913, dismissing the amended complaint herein on the ground that it does not state facts sufficient to constitute a cause of action, and also an appeal from the judgment entered in said clerk’s office on the same day upon said order.
1Opinion of the Court
Smith, P. J.:
Michael W. Nolan rendered certain services and furnished certain materials under a contract with the city of Watervliet for paving, curbing and improving certain streets, and on the 11th of January, 1912, was adjudged a bankrupt. Prior to the bankruptcy the plaintiff under a contract with said Nolan furnished certain material which were used by him in performing said contract, and on the 13th day of January, 1912, and within thirty days from the completion of said contract filed a mechanic’s hen for the value of such material. This action was brought to foreclose that lien. Upon…
2Cases cited5 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- Crane Co. v. Pneumatic Signal Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Crane Company v. . SmytheNew York Court of Appeals · 1905
- Hildreth Granite Co. v. City of WatervlietNew York Supreme Court · 1913
3Cited by7 opinions
- New York-Brooklyn Fuel Corporation v. FullerCourt of Appeals for the Second Circuit · 1926
- Church E. Gates & Co. v. John F. Stevens Construction Co.New York Court of Appeals · 1917
- In Re WillaxCourt of Appeals for the Second Circuit · 1937
- The Dick Sand Co. v. StateNew York Supreme Court · 1930
- Vanderlip v. WalkerNew York Supreme Court · 1932
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