Fieldings v. Mills
The Superior Court of New York City
to this action, George and Robert Fielding are the plaintiffs, and J. Doremus Mills and John -T. Mills are the defendants. It comes before the Court, at General Term, on an appeal by the plaintiffs from the judgment entered herein on the- report' of Stephen P. Nash, referee. - It was commenced in September, 1855. The "complaint states, in substance, First, that the plaintiffs are manufacturers of stages, under the firm ofFielding Brothers.”
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to this action, George and Robert Fielding are the plaintiffs, and J. Doremus Mills and John -T. Mills are the defendants. It comes before the Court, at General Term, on an appeal by the plaintiffs from the judgment entered herein on the- report' of Stephen P. Nash, referee. - It was commenced in September, 1855. The "complaint states, in substance, First, that the plaintiffs are manufacturers of stages, under the firm ofFielding Brothers.” On the first of May, 1855, J. D. Mills sent to them six stages, or omnibuses—their licensed numbers being, 556, 557, '558, 559, 560 and 561—with orders to…
1Opinion of the CourtBy the Court. Bosworth, J.
The work done for J. D. Mills, was done on a credit of four months. He became insolvent before the work, which the plaintiffs undertook to do, was completed. The question presented by the appeal, in the present case, is this:—Have the plaintiffs a right to retain the stages until *498the amount, owing for the work done and materials applied in repairing them, is paid ?
It is clear that they have not, if they must abide by the terms of the contract, under which the labor was performed and the materials furnished were supplied.
They must abide by their contract, unless the insolvency of J. Doremus…
2Cases cited2 opinions
- Schneider v. JacobiThe Superior Court of New York City · 1853
- Pinney v. WellsSupreme Court of Connecticut · 1834
3Cited by7 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Wiles Laundering Co. v. . HahloNew York Court of Appeals · 1887
- Newark Slip Contracting Co., Inc. v. New York Credit Men's Adjustment Bureau, IncCourt of Appeals for the Second Circuit · 1951
- Kautz v. VandenburghNew York Supreme Court · 1894
- Myers v. UptegroveCity of New York Municipal Court · 1886
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