Kreutz v. Cramer
New Jersey Court of Chancery
On bill for interpleader, answers and proofs. This is an interpleader bill filed by Ida L. Kreutz, an owner, who has procured a building to be erected for her under contract, &e., filed in the county clerk’s office. The defendants are the contractor, one Goings, and the creditors of the contractor, who have given notices to the owner to retain the amount of their several claims from the contract price, under the Mechanics’ Lien act.
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On bill for interpleader, answers and proofs. This is an interpleader bill filed by Ida L. Kreutz, an owner, who has procured a building to be erected for her under contract, &e., filed in the county clerk’s office. The defendants are the contractor, one Goings, and the creditors of the contractor, who have given notices to the owner to retain the amount of their several claims from the contract price, under the Mechanics’ Lien act. There are no disputes between the parties as to the payment by the owner of the first, second and third installments of the contract price. Do notices were served…
1Opinion of the Court
Grey, V. C.
This case must turn upon the construction to be given to section 3 of the Mechanics’ Lien act (Gen. Stat. p. 2073) when considered with relation to section 5 of the amendatory act of March 14th, 1895 (Gen. Stat. p. 2074), both of which have been re-enacted in the revision of the Mechanics’ Lien act of 1898 as sections 3 and 5 (P. L. of 1898 p. 538) and the decisions of the courts of this state declaring the meaning of those sections.
The issue joined in this case between the parties raises the question whether the complainant owner has in her interpleader bill tendered to the…
2Cases cited1 opinion
- Baltimore High Grade Brick Co. v. AmosCourt of Appeals of Maryland · 1902
3Cited by2 opinions
- Brown v. Home Development Co.New Jersey Court of Chancery · 1941
- Hasson v. BruzelNew Jersey Court of Chancery · 1929