Lipman v. Jackson Architectural Iron Works
New York Court of Appeals
Appeal . from judgment of the General Term of the Court of Common Pleas for the city and county of ¡New York, entered upon an order made February 2,1891, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal . from judgment of the General Term of the Court of Common Pleas for the city and county of ¡New York, entered upon an order made February 2,1891, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This was an action for the foreclosure of a mortgage executed by the defendants, William A. Mathesius and Isabella C. Anderson, to plaintiffs to secure the payment of $55,000, which was to be advanced from time to time as the buildings upon the mortgaged premises approached completion. The defendant, The Jackson Architectural Iron Works, under contract…
1Opinion of the CourtFinch, J.
We need not consider the question whether the contracts between the parties destroyed the effect of the mechanic’s lien filed by the creditor company, or merely subordinated that lien to the plaintiffs’ further advances and preserved to the lienor a right to participate in a surplus resulting from the sale, because in either event we are required to affirm the judgment. The lienor has been defeated upon the ground that, as against the mortgagees, its debt is not yet due and payable, since the express condition upon which payment was promised has not been fulfilled. The contract of the…
2Cases cited2 opinions
- National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
- Hunt v. . ChapmanNew York Court of Appeals · 1873
3Cited by19 opinions
- Erickson v. IrelandSupreme Court of Minnesota · 1916
- Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Van v. MaddenAppellate Division of the Supreme Court of the State of New York · 1909
- McGrath v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1897
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