Van Kannel Revolving Door Co. v. Astor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Van Kannel Revolving Door Company from a judgment,of the Supreme Court in favor of the defendant W. & J. Sloane, entered in the office of the clerk of the county of New York'on the 15th day of March, 1906, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the plaintiff, the Van Kannel Revolving Door Company from a judgment,of the Supreme Court in favor of the defendant W. & J. Sloane, entered in the office of the clerk of the county of New York'on the 15th day of March, 1906, upon the decision of the court rendered after a trial at the New York Special Term. This .action was brought to foreclose a mechanic’s lien for $5,497.20 against the Hotel St. Regis, Fifth avenue and Fifty-fifth street, New York city, owned by John Jacob Astor. The firm of W. & J. Sloane, the only ..respondents before the court on this appeal, was the original…
1Opinion of the Court
Lambert, J.:
• The question upon the merits presented by this appeal'is whether thp prdéró drawn upon ■ "W"-. & J, Sloane. by Grissler 4? Sons and *217accepted by. the former operated as an equitable assignment of the funds .then due or to become, due from, tlie original contractors in such a manner as to defeat the.rights of the plaintiff under the Lien Layv. We are of the opinion that Under the law as it existed in this State prior to 1896 the effect of the transaction would have been to deprive the plaintiff of any rights under his subsequent lien. We are, however, to consider tlie law. as it…
2Cases cited5 opinions
- Harvey v. . BrewerNew York Court of Appeals · 1904
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904
- Lawrence v. DawsonAppellate Division of the Supreme Court of the State of New York · 1900
- Lawrence v. . DawsonNew York Court of Appeals · 1901
- Harvey v. BrewerAppellate Division of the Supreme Court of the State of New York · 1903
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- Kelsey Smith & Co. v. DouglasAppellate Division of the Supreme Court of the State of New York · 1915
- Lincoln National Bank v. John Peirce Co.New York Supreme Court · 1917
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