Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1904, which affirmed a judgment entered upon a decision of the Washington County Court dismissing the complaint of the appellant herein in an action to enforce a mechanic’s lien. . The.facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1904, which affirmed a judgment entered upon a decision of the Washington County Court dismissing the complaint of the appellant herein in an action to enforce a mechanic’s lien. . The.facts, so far as material, are stated in the opinion. Mechanic’s liens may be acquired against railway corporations for materials furnished and used in the construction and improvement of their real property. (L. 1897, ch. 418, § 3.) The materials furnished, viz., dynamite, fuses, caps and…
1Opinion of the CourtWerner, J.
The respondent Ludington entered into a contract with the defendant railroad company to construct an extension of its line between the villages of Greenwich and Schuylerville in this state, and, among other things, agreed to save the railroad company harmless from and against all valid liens that might be filed for work done under the contract. With the consent of the railroad company Ludington sublet a portion of the work, including the grading, to the defendants Inman & Fox, who purchased of the plaintiff, the Schaghtieoke Powder Company, a quantity of dynamite for use in breaking up frozen…
2Cases cited4 opinions
- Brace v. . City of GloversvilleNew York Court of Appeals · 1901
- Hercules Powder Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1904
- Rapauno Chemical Co. v. Greenfield & Northern Railway Co.Missouri Court of Appeals · 1894
- Hazard Powder Co. v. ByrnesNew York Court of Common Pleas · 1861
3Cited by51 opinions
- Hoier v. KaplanIllinois Supreme Court · 1924
- Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Penn Central Transportation Co. v. City of New YorkNew York Court of Appeals · 1977
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