Jos. L. Muscarelle, Inc. v. Central Iron Mfg. Co.
Court of Appeals for the Third Circuit
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
- Mahoney v. MinskySupreme Court of New Jersey · 1963
- Brown v. Home Development Co.New Jersey Court of Chancery · 1941
- Morton v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1949
- Congoleum-Nairn, Inc. v. M. Livingston & Co.Court of Appeals of Kentucky (pre-1976) · 1935
- Meyer v. Standard Accident Insurance Co.Supreme Court of New Jersey · 1935
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3Cited by5 opinions
- Coleco Industries, Inc. v. BermanDistrict Court, E.D. Pennsylvania · 1976
- Everett v. State Farm Indem. Co.New Jersey Superior Court Appellate Division · 2002
- Doolan v. Doolan Steel Corp.District Court, E.D. Pennsylvania · 1984
- Fallon v. Scotch Plains-Fanwood Bd. of Ed.New Jersey Superior Court Appellate Division · 1982
- 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