Gross v. Daly
New York Court of Common Pleas
Appeal from two orders of the special term overruling demurrers. The action was brought to foreclose a mechanic’s lien on premises known as the Windsor Hotel property, situated on Fifth avenue, between 46th and 47th streets, in the city of New York.
Read the full summary
Appeal from two orders of the special term overruling demurrers. The action was brought to foreclose a mechanic’s lien on premises known as the Windsor Hotel property, situated on Fifth avenue, between 46th and 47th streets, in the city of New York. The complaint, among other things, alleged that the plaintiffs, in pursuance of an agreement made by them with the defendant John T. Daly, who at the time was the owner of the leasehold premises in question, furnished materials and did work on said buildings, amounting in the aggregate to $39,025 41; that, on the’23d day of October, 1873, when the…
1Opinion of the Court
Daly, Chief Justice.
The conflicting decisions of the Commission, in Mechanics’ &c. Bank v. Dakin (51 N. Y. 519), and of the Court of Appeals in Thurber v. Blanck (50 N. Y. 80), are embarrassing; the Commission holding that when a suit is commenced by attachment, and a judgment is recovered, the plaintiff, after issuing execution, and before its return, may maintain an equitable action to set aside a fraudulent assignment of a bond and mortgage, so that they may be applied to.the payment of the judgment; and the Court of Appeals, holding that the equitable action in such a case cannot be…
2Cases cited21 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Thurber v. . BlanckNew York Court of Appeals · 1872
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Linneman v. BieberNew York Supreme Court · 1895
- New York Lumber & Wood-Working Co. v. Seventy-third Street Building Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Schultz v. Teichman Engineering & Construction Co.New York Supreme Court · 1913
- Concord Construction Co. v. PlanteAppellate Division of the Supreme Court of the State of New York · 1910
- Hoffschlaeger Co. v. JonesHawaii Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.