Stevens v. . Ogden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made Rovember 7, 1889, which modified, and affirmed as modified, a judgment in favor of the appellants entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made Rovember 7, 1889, which modified, and affirmed as modified, a judgment in favor of the appellants entered upon a decision of the court on trial at Special Term. Between September 21, 1886, and December 22, 1886, Alexander Anderson furnished building materials and made repairs at Ro. 115-J- Waverly place, Rew York, for which he was entitled to receive January 26, 1887, $1,545.48, pursuant to a contract with Bridget M. Reynolds, the owner in fee of the property. While the…
1Opinion of the Court
Follett, Ch. J.
The order drawn by the contractor on the owner in favor of E. H. Ogden & Co. for $909.94, being, by its terms, payable out of a particular fund specified in the order, operated as an assignment, pro tanto, of that fund. (Brill v. Tuttle, 81 N. Y. 454; Conselyea v. Blanchard, 103 id. 222; Lauer v. Dunn, 115 id. 405.)
In McCorkle v. Herrman, (22 N. Y. St. Rep. 519; rev. 117 N. Y. 297), several persons had performed labor and furnished materials for a building erected by a contractor for the owner. After the work had been done and the materials supplied, but before any lien was…
2Cases cited2 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
3Cited by29 opinions
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- In re CramondDistrict Court, N.D. New York · 1906
- In re GrisslerCourt of Appeals for the Second Circuit · 1905
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904
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