New Jersey Steel & Iron Co. v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Talbot, as assignee of Andrew J. Robinson for the benefit of creditors,, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Few York on the 13th day of February, 1902, upon the report of a referee, as adjudges that the plaintiff and the defendants Owen R. Mason, Clarence L. Smith, Pfotenhauer & Fesbit, Richey, Browne & Donald, Robert C. Martin, Augustus Meyers, the Columbian Fireproofing…
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Appeal by the defendant, Charles F. Talbot, as assignee of Andrew J. Robinson for the benefit of creditors,, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Few York on the 13th day of February, 1902, upon the report of a referee, as adjudges that the plaintiff and the defendants Owen R. Mason, Clarence L. Smith, Pfotenhauer & Fesbit, Richey, Browne & Donald, Robert C. Martin, Augustus Meyers, the Columbian Fireproofing Company, the Masons’ Supplies Company, Fathan and William J. Peck, and Alfred J. Goodwin, or any of them, have or ever had…
1Opinion of the Court
Laughlin, J.:
This is an action to foreclose a mechanic’s lien. The defendant Robinson was the general contractor with the defendant Kinney, who was the owner of premises situate at the northwest corner of Fifty-sixth street and Madison avenue for the construction of a hotel thereon according to certain plans and specifications. The owner agreed to pay the contractor the actual cost of the labor and materials and five per cent in addition to such cost, not exceeding in all the sum of $317,310; and to make payments from time to time during the progress of the work in amounts equal to ninety per…
2Cases cited5 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901
- De Lorenzo v. Von RaitzAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Bader v. City of New YorkNew York Supreme Court · 1906