In re Froment
Appellate Division of the Supreme Court of the State of New York
Appeal by William J. Burlee, trustee in bankruptcy of the Marine Construction and Dry Dock Company, from a judgment of the Supreme Court in favor of the petitioners, entered in the office of the clerk of the county of Kings on the 11th day of June, 1907, upon the report of a referee. The proceeding is to enforce a lien on a vessel under section 3420 et seq. of the Code of Civil Procedure.
1Opinion of the Court
Gaynor, J.:
This is an appeal from a judgment enforcing a lien on a vessel for material used in the construction thereof. When the case was here before it was reversed on a finding of fact that the material never went into or was not used in the construction of the vessel, although purchased and delivered for that purpose (110 App. Div. 72; 184 N. Y. 568). On the present trial it was found that the material “ was used in or toward the construction ” of the vessel, and that finding is sufficiently supported by evidence.
The words of the Lien Law (Laws of 1897, chap. 418, § 30) are that a lien…
2Cases cited3 opinions
- Mott v. . LansingNew York Court of Appeals · 1874
- Matter of FromentNew York Court of Appeals · 1906
- In re FromentAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Storick v. M. E. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1929