Legal Opinion

Jos. L. Muscarelle, Inc. v. Central Iron Mfg. Co.

Court of Appeals for the Third Circuit

Decided June 28, 1967No. 16306PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

HASTIE, Circuit Judge.

The matter in controversy here is a claim under the New Jersey Mechanic’s Lien Law against a property owner, Western Electric Co., by Carlone Construction Co., which had furnished labor and materials for a construction project that Western Electric had undertaken through a general contractor and various subcontractors. Carlone had dealt with a subcontractor who became bankrupt. Admittedly, the sum owed to Carlone is $20,000, but the court below awarded it as against the owner only $3,686.99, the sum which would remain in the possession of Western…

2Cases cited7 opinions

  1. Mahoney v. MinskySupreme Court of New Jersey · 1963
  2. Brown v. Home Development Co.New Jersey Court of Chancery · 1941
  3. Morton v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1949
  4. Congoleum-Nairn, Inc. v. M. Livingston & Co.Court of Appeals of Kentucky (pre-1976) · 1935
  5. Meyer v. Standard Accident Insurance Co.Supreme Court of New Jersey · 1935

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3Cited by5 opinions

  1. Coleco Industries, Inc. v. BermanDistrict Court, E.D. Pennsylvania · 1976
  2. Everett v. State Farm Indem. Co.New Jersey Superior Court Appellate Division · 2002
  3. Doolan v. Doolan Steel Corp.District Court, E.D. Pennsylvania · 1984
  4. Fallon v. Scotch Plains-Fanwood Bd. of Ed.New Jersey Superior Court Appellate Division · 1982
  5. Jos. L. Muscarelle, Inc. v. Central Iron Mfg. Co., the Trybee Company, William Dimayo, Revenue Officer of the Internal Revenue Service, Albert Pipe Supply Company, Inc., Charles F. Guyon, Inc., R. E. Disch, Inc., Roberts & Wiese, A. & J. Friedman Supply Co., Inc., Contractors Supply Corp., Carlone Construction Company, Joseph T. Ryerson & Son, Inc., and Jobbers Credit Assoc., Inc., Trustee in Bankruptcy of Arthur E. Magher Co., Inc., the Trybee Company, Inc. And Contractors Supply Corp., Third-Party v. Western Electric Company, Inc., Third-Party and United States of America, Intervenor, Carlone Construction Co., Third-PartyCourt of Appeals for the Third Circuit · 1967

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