Donnelly v. Johnes
New Jersey Court of Chancery
On bill of interpleader. Answers and testimony. General Donnelly, the complainant, is the owner of a house' and lot at Spring Lake, N. J. The house was built by the defendant Johnes, under a contract dated the 1st day of October, 1896, and filed in Monmouth county clerk’s office. By the terms of the filed agreement, the contract price was to be paid in six installments at different periods in the progress of the work.
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On bill of interpleader. Answers and testimony. General Donnelly, the complainant, is the owner of a house' and lot at Spring Lake, N. J. The house was built by the defendant Johnes, under a contract dated the 1st day of October, 1896, and filed in Monmouth county clerk’s office. By the terms of the filed agreement, the contract price was to be paid in six installments at different periods in the progress of the work. The contractor proceeded so far with the performance of the contract that he became entitled to receive the first five installments, all of which were paid to him by General…
1Opinion of the Court
Grey, V. C.
The claims against the fund in court consist of four classes— first, stop-notices, served under the third section (now thirty-eighth) of the Mechanics’ Lien act; second, orders for payment given by Johnes, the contractor, upon Donnelly, 'the owner; third, a judgment entered April 12th, 1897, and supplementary proceedings and a receivership thereunder in the suit of Charles Lewis v. Otis F. Johnes, the contractor, in the Monmouth circuit court, and fourth, an attachment issued out of the supreme court in the case of Harry A. Ashmore v. Otis F. Johnes, on October 2d, 1897.
The status…
2Cases cited2 opinions
- Bayonne Building Ass'n No. 2 v. WilliamsSupreme Court of New Jersey · 1899
- Bayonne Building & Loan Ass'n v. WilliamsNew Jersey Court of Chancery · 1899
3Cited by2 opinions
- Brown v. Home Development Co.New Jersey Court of Chancery · 1941
- Stahl v. WaltersNew Jersey Court of Chancery · 1925