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…
1DissentMcLaughlin, J.
I had occasion to consider the effect of section 15 of article 2 of chapter 38, Laws of 1909, in Williams Engineering & Contracting Co. v. City of New York (175 App. Div. 571). Subsequent investigation has led me to the conclusion that the construction there put upon the section is the correct one. Chapter 38 of the Laws of 1909 is entitled “ An Act in relation to liens, constituting chapter 33 of the Consolidated Laws.” The act contains all the provisions of the laws then existing relating to liens on personal property except those relating to conditional sales of goods which were…
2Cases cited7 opinions
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Bristor v. . SmithNew York Court of Appeals · 1899
- Harvey v. . BrewerNew York Court of Appeals · 1904
- Van Kannel Revolving Door Co. v. AstorAppellate Division of the Supreme Court of the State of New York · 1907
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914
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