Paine v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Radt and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of February, 1919. The judgment from which the appeal is taken established the hen of the plaintiff for material furnished and also the hens of certain other defendants, and disallowed the claims of the said appellant defendants by reason of certain assignments of moneys due on a contract…
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Appeal by the defendants, Max Radt and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of February, 1919. The judgment from which the appeal is taken established the hen of the plaintiff for material furnished and also the hens of certain other defendants, and disallowed the claims of the said appellant defendants by reason of certain assignments of moneys due on a contract with the city of New York.
1Concurrence
Laughlin, J. (concurring):
The appellants predicate their claim for a reversal upon an _ assignment in writing of the moneys due and to grow due under 4 the contract between Seaver and the city to the appellant Radt, which assignment was in writing and bears date July 16, 1915, and was executed and filed before the lien sought to be foreclosed herein by the plaintiff was filed. The assignment is absolute in form and recites a good and valuable consideration; but the evidence shows that it was intended as security for moneys to be advanced for the completion of the contract work. Such an…
2Cases cited3 opinions
- Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
- Standard Sand and Gravel Co. v. . the City of New YorkNew York Court of Appeals · 1918
- Giant Portland Cement Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1919