Martin v. Flahive
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick J. Flahive and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 8th day of March, 1905, upon the decision of the court rendered after a trial at the Orange Special Term in a suit- to foreclose a mechanic’s lien filed under chapter .37 of the Laws of 1902 (amdg.
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Appeal by the defendants, Patrick J. Flahive and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 8th day of March, 1905, upon the decision of the court rendered after a trial at the Orange Special Term in a suit- to foreclose a mechanic’s lien filed under chapter .37 of the Laws of 1902 (amdg. Lien Law [Laws of 1897, chap. 418], §§ 5, 12, 17, 20, as amd.) for work done under a sub-contract oh a public work of the State, and also from an order made after the evidence Was in to conform the complaint to…
1Opinion of the Court
Gaynor, J.:
The appellants by undertaking with the consent of all concerned to complete Lovely’s defaulted contract with them on his account, continued the right of lien which the plaintiff had on the money to come due under such contract the same as if Lovely' had continued and completed it. They thereby kept their contract price with Lovely a separate fund and subject to the plaintiff’s lien against it, to the extent of any unexpended balance of it remaining after the work to be done by Lovely had been completed by them. The legal effect was the same as if there were a clause in.the…
2Cases cited4 opinions
- Wheeler v. . ScofieldNew York Court of Appeals · 1876
- Beecher v. SchubackAppellate Division of the Supreme Court of the State of New York · 1896
- Harley v. Mapes Reeves Construction Co.New York Supreme Court · 1901
- Smith v. LangeAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Dempsey v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1919
- Tisdale Lumber Co. v. DrogeAppellate Division of the Supreme Court of the State of New York · 1911
- Wright v. Schoharie Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Fred E. Gross & Son v. StateAppellate Division of the Supreme Court of the State of New York · 1925
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