Standard Sand & Gravel Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Royal Company of New York, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 8th day of July, 1915, upon the decision of the court after a trial at the New York Special Term,’ as adjudges that its claim is subordinate to liens filed herein by the plaintiff and the defendant Fredenburg & Lounsbury.
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Appeal by the defendant, The Royal Company of New York, from so much of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 8th day of July, 1915, upon the decision of the court after a trial at the New York Special Term,’ as adjudges that its claim is subordinate to liens filed herein by the plaintiff and the defendant Fredenburg & Lounsbury. Appeal by the defendant, Hildreth Granite Company, from so much of said judgment as adjudges that the lien of the Royal Company of New York upon the…
1Opinion of the Court
Scott, J.:
The trial court, found, and the correctness of this finding is unquestioned, that the assignment by the contractor to the Royal Company of all moneys “due or to grow due” by virtue of the contract between the contractor and the city of New York, although absolute in form, was given to and accepted by the Royal Company as security for advances made and to be made by it to the defendant Acme Asphalt and Granite Paving Company. In other words, it was intended to create, in effect if not in legal parlance, a lien or mortgage upon the fund set apart or appropriated by the city of New…
2Cases cited6 opinions
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Dieterlen v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gallagher v. CampodonicoAppellate Division of the Superior Court of California · 1931
- Vulcan Rail & Construction Co. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1937
- Travelers Insurance v. Village of IlionNew York Supreme Court · 1925
- Globe Plaster Co. v. Seaboard Surety Co.New York Supreme Court · 1934
- Lincoln National Bank v. John Peirce Co.New York Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.