Russell & Erwin Manufacturing Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Russell and Erwin Manufacturing Company of New York, and by the defendants, Eugene H. Hinkle and another, composing the firm of Hinkle Iron Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of December, 1906, authorizing, the discharge, upon giving an undertaking, of certain municipal liens tiled by the appellants against moneys due, or to…
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Appeal by the plaintiff, Russell and Erwin Manufacturing Company of New York, and by the defendants, Eugene H. Hinkle and another, composing the firm of Hinkle Iron Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of December, 1906, authorizing, the discharge, upon giving an undertaking, of certain municipal liens tiled by the appellants against moneys due, or to grow due, the firm of Flood & Ryan, under a contract with the city for the construction of additions to a public school.
1Opinion of the Court
Laughlin, J.:
The motion to discharge the liens upon giving an undertaking was made by the Twelfth Ward Bank, which held an assignment from the contractors of part of the moneys to be paid by the city under the contract. The first claim made by the appellants is that such an assignee has no standing to obtain a discharge of the liens. The statute only expressly authorizes the discharge upon the application of the contractor, but the courts have held that it should be construed as authorizing a discharge upon the application of an assignee of the contractor, who stands in the shoes of the…
2Cases cited1 opinion
- In re the Contract for Constructing the Hudson Water WorksAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
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