Bates v. Salt Springs National Bank
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered November 6, 1895, affirming a judgment entered upon a decision of 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 late General Term of the Supreme Court in the fourth judicial department, entered November 6, 1895, affirming a judgment entered upon a decision of 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 assignment of JDickison & Allen, dated February 14,1891, as to the owner and contractors, effectually transferred to the bank the last payment of twenty per cent under the contract subject to the completion of the contract by the contractors or by the owner as provided in the contract itself.…
1Opinion of the CourtGray, J.
These actions were brought for the foreclosure of mechanics’ liens and were consolidated by order of the court. The question presented is whether the appellant, the Salt Springs National Bank of Syracuse, as the assignee of the contractors, is entitled to a fund, which has been paid into court to abide the event of the action, as against the various parties who have filed lien's for work done and materials furnished in the execution of the contract. It appears that in December, 1890, the firm of Dickison and Allen entered into a contract with the trustees of the Masonic Hall and Asylum Fund…
2Cases cited4 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
- Beardsley v. . CookNew York Court of Appeals · 1894
- Mechanics & Traders' National Bank v. WinantNew York Court of Appeals · 1890
3Cited by47 opinions
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- Edison Electric Illuminating Co. v. Horace E. Frick Co.New York Court of Appeals · 1917
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Amiesite Construction Corp. v. Luciano Contracting & Building Co.New York Court of Appeals · 1940
- Harvey v. . BrewerNew York Court of Appeals · 1904
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