Brace v. City of Gloversville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alexander E. Brace and another, from a judgment of the Supreme Court in favor of the defendants William Holden and Charles Holden, entered in the office of the clerk of the county of Fulton on the 3d day of November, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Fulton Trial Term.
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Appeal by the plaintiffs, Alexander E. Brace and another, from a judgment of the Supreme Court in favor of the defendants William Holden and Charles Holden, entered in the office of the clerk of the county of Fulton on the 3d day of November, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Fulton Trial Term. The action was brought to foreclose a mechanic’s lien entered by the plaintiffs against a certain fund due from the city of Gloversville to one Langham for building a schoolliouse on Oak street in that city. The Trial Term awarded…
1Opinion of the Court
Parker, P. J.:
There is no dispute in this action concerning the amount still unpaid and owing by the city upon the contract for building the isclioolhouse in question, and the city stands ready to pay it when the court shall determine to whom it is due.
The plaintiffs furnished materials and did work for the contractor Langham upon such schoolliouse, and on March 19, 1898, filed a notice of lien for the sum of $700 against the moneys applicable to ¿lie payment of such contract; and again, on June 11, 1898, they filed another lien against such fund for the sum of $324.76.
Langham made default,…
2Cases cited1 opinion
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
3Cited by2 opinions
- Clapper v. StrongAppellate Division of the Supreme Court of the State of New York · 1904
- McDonald v. Village of Ballston SpaNew York Supreme Court · 1901