Bates v. Salt Springs Nat. Bank of Syracuse
New York Supreme Court
Appeal from special term, Oneida county. Action by Edward P. Bates and others against the Salt Springs National Bank of Syracuse and others to foreclose mechanics’ liens. From a judgment for plaintiffs (27 N. Y. Supp. 951), defendants appeal.
1Opinion of the CourtMartin, J.
On December 5,1890, the firm of Diekison & Allen entered into a contract with the trustees of the Masonic Hall and Asylum Fund for the erection of a Masonic home near Utica. The contract price was $139,500, to be paid in 12 installments, 11 of which were to be made during the progress of the work, and the twelfth, which was the sum of $28,500, was to be paid when the buildings were completely finished and accepted. The contract between the parties also contained the following provision:
“It is also agreed that no payment shall be made hereunder until the said parties of the second part shall…
Also in this document: Concurrence.
2Cases cited6 opinions
- Lauer v. . DunnNew York Court of Appeals · 1889
- Stevens v. . OgdenNew York Court of Appeals · 1891
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
- Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
- Mechanics & Traders' National Bank v. Mayor of New YorkNew York Supreme Court · 1879
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3Cited by2 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Miller v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899