Fehling v. Goings
New Jersey Court of Chancery
On bill of interpleader and claims of interpleading defendants. This is an interpleader bill filed by Anna E. Fehling against Everett G. Goings and others. The complainant employed the defendant Goings under a written contract to alter and repair her property, known as “The Hotel Vallaire,” in Atlantic City. The contract was filed in the Atlantic county clerk’s office.
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On bill of interpleader and claims of interpleading defendants. This is an interpleader bill filed by Anna E. Fehling against Everett G. Goings and others. The complainant employed the defendant Goings under a written contract to alter and repair her property, known as “The Hotel Vallaire,” in Atlantic City. The contract was filed in the Atlantic county clerk’s office. The contractor failed to pay the persons who furnished material and did work for him under the contract, and stop notices under the Mechanics’ Lien act were served upon the complainant owner, claiming such large amounts that…
1Opinion of the Court
Gkey, Y. C.
The rights of the several claimants will be considered and determined in the order of priority in point of time in which they became fixed.
The notice of Billings, King & Company was served on the owner on July 30th, 1901, claiming the sum of $322.60 under section 3 of the Mechanics’ Lien, statute. P. L. of 1898 p. 538. The sufficiency of this notice, is disputed upon two grounds— first, that the notice served was signed by Billings, King & Company by attorney, while the statute provides that it shall be the duty of the journeyman, laborer or materialman to give the notice. As to…
2Cases cited1 opinion
- Collins v. EllisNew York Supreme Court · 1839
3Cited by4 opinions
- Bailey Lumber Co. v. General Construction Co.West Virginia Supreme Court · 1926
- Fisher v. ReamerWest Virginia Supreme Court · 1961
- In re FranklinDistrict Court, E.D. North Carolina · 1907
- Chesebro-Whitman Co., Inc. v. EDENBORO APTS.New Jersey Superior Court Appellate Division · 1965