Reading Hardware Co. v. City of New York
New York Supreme Court
This is an action brought to foreclose a mechanic’s lien. The plaintiff furnished materials to one Margaret McCarthy who’ was a subcontractor under one Patrick Gallagher, who was the principal contractor, with the'mayor, aldermen and commonalty of the city of New York, through its board of education, for the erection of a school building on the southern side of Rivington street, between' Forsyth and Eldridge streets in said city of New York.
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This is an action brought to foreclose a mechanic’s lien. The plaintiff furnished materials to one Margaret McCarthy who’ was a subcontractor under one Patrick Gallagher, who was the principal contractor, with the'mayor, aldermen and commonalty of the city of New York, through its board of education, for the erection of a school building on the southern side of Rivington street, between' Forsyth and Eldridge streets in said city of New York. The performance of the work by the contractor is admitted, and the furnishing of the materials by the plaintiff for which its lien was filed is not…
1Opinion of the CourtWerner, J.
The defendant McCarthy, as the assignor, and the defendant Bienhauer, as the assignee, under a general assignment for the benefit of creditors, made before the filing of plaintiff’.s lien, contest the validity of the latter upon the theory that the assignment takes precedence over the lien. It is claimed by these defendants that the absence of any provision in the Mechanic’s Lien Law protecting a lien filed on account of, and against, a public improvement, brings this case within the rule laid down in Noyes v. Burton, 29 Barb. 631; Quimby v. Sloan, 2 Abb. Pr. 93; and Jackson v. Sloan, 2 id.…
2Cases cited3 opinions
- Smith v. BailyNew York Court of Common Pleas · 1878
- Noyes v. BurtonNew York Supreme Court · 1859
- Quimby v. SloanNew York Court of Common Pleas · 1855
3Cited by4 opinions
- John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
- In re RoeberDistrict Court, E.D. New York · 1902
- In re a Majority of the Directors of the Simonds Furnace Co.New York Supreme Court · 1900
- In re Simonds Furnace Co.New York Supreme Court · 1899