Deady v. Fink
City of New York Municipal Court
Action by William H. Deady, as receiver of the property of Henry O. Ayars, .against Frederick C. Fink and others. John Croghan, the owner of a lot on Pelham avenue, in the city of Hew York, employed the defendant Ayars to build for him, and furnish the necessary materials therefor, a dwelling on said lot for a stipulated sum. The payments were all made excepting the sum of $450, which was to be paid on completion of the work.
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Action by William H. Deady, as receiver of the property of Henry O. Ayars, .against Frederick C. Fink and others. John Croghan, the owner of a lot on Pelham avenue, in the city of Hew York, employed the defendant Ayars to build for him, and furnish the necessary materials therefor, a dwelling on said lot for a stipulated sum. The payments were all made excepting the sum of $450, which was to be paid on completion of the work. In this sum the respective parties claim an interest, under the following circumstances: Abraham Steers brought an action against Ayars, and recovered a judgment in this…
1Opinion of the CourtMoAdam, C. J.
For the purpose of determining the various equities of the parties to the fund, the money deposited in court must be regarded as the land upon which the work was done and the materials furnished. The work done and materials furnished went upon the land, and became part and parcel of it, and the $450 deposited in court must be regarded as its substitute. The appointment of the plaintiff as receiver must be regarded as an assignment of the claim on the premises by operation of law, and the receiver, by force of the transfer, became substituted to the rights of the contractor, and, for all the…
2Cases cited2 opinions
- Mandeville v. ReedNew York Court of Appeals · 1850
- Smith v. BailyNew York Court of Common Pleas · 1878
3Cited by1 opinion
- In re RoeberDistrict Court, E.D. New York · 1902