Brace v. . City of Gloversville
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and 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 March 11, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred in holding that the plaintiffs were not entitled to a lien upon the funds appropriated fór the building of the schoolhouse; and that by the service and the filing of the order, and the order only, the defendants Holden & Son acquired a…
1Opinion of the CourtCullen, J.
This action is brought to foreclose two mechanics’ liens filed by the plaintiff against funds in the hands of the chamberlain of the city of Gloversville, applicable to the payment of a contract for building a schoolhouse in that city. The controversy is between the plaintiffs and the defendants William and Charles Holden. Both parties claim under the defendant George Langham, who contracted with the city for building the sehoolhouse, the plaintiffs, by virtue of two mechanics’ liens, one filed March 19th, 1898, and the other June 11th of the same year, and the defendants Holden under an…
2Cases cited1 opinion
- McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by28 opinions
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- Harvey v. . BrewerNew York Court of Appeals · 1904
- Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
- Snyder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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