Hall v. Baldwin
Supreme Court of New Jersey
On appeal from a decree advised by Washington B. Williams, Esq., advisory master, who filed the following conclusions: This is a case of interpleader, in which the owner of a house, built by contract, duly filed, has paid the final payment into-court, so as to be relieved from the conflicting claims of material-men and workmen, of whom some had served notices on him, under the third section of the Lien law (Rev. p. 668), and some held orders from the contractor.
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On appeal from a decree advised by Washington B. Williams, Esq., advisory master, who filed the following conclusions: This is a case of interpleader, in which the owner of a house, built by contract, duly filed, has paid the final payment into-court, so as to be relieved from the conflicting claims of material-men and workmen, of whom some had served notices on him, under the third section of the Lien law (Rev. p. 668), and some held orders from the contractor. The cases on the construction of this section, and the priorities of such claims and orders, are Superintendent v. Heath, 2 McCart.…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
Aaron W. Miller erected a dwelling-house for Charles A. Hunt, the contract price of which was $3,290. When the building was completed, the last payment of $1,140 under the contract came due, several materialmen and laborers served notices on the owner, under the third section of the Mechanics* Lien law, to retain the money and pay their claims. The owner paid the money into court, and filed a bill in the nature of inter-pleader. The amount now in court, after deducting costs, and the claims of A. P. Littell & Son, and of J. S. Littell, and…
2Cited by2 opinions
- Phillips v. BradyNew Jersey Court of Chancery · 1946
- James Radcliffe Sons Co. v. HawthorneNew Jersey Court of Chancery · 1931