New York County National Bank v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, New York County National Bank, from part of a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 15th day of July, 1914, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover a balance alleged to be due from the Bernheimer & Schwartz Pilsener Brewing Company under a contract with one Peckworth, a general contractor, for the construction of . a building at West One Hundred and Twenty-seventh street, in the city of New York. The plaintiff, who claimed through an assignment from Peek-worth, was one of several claimants to a fund of $11,653.81, which was conceded upon the trial to be the balance held *818by the owner for claimants entitled thereto. The respondent, Wood, claimed he was entitled to be paid out of the fund…
2Cases cited9 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Toop v. . SmithNew York Court of Appeals · 1905
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Bishop v. CookNew York Supreme Court · 1850
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3Cited by4 opinions
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- Manton v. . Brooklyn Flatbush Realty Co.New York Court of Appeals · 1916
- In the Matter of Mutual Board and Packaging Corp., Bankrupt. Ex-Cello Corp. v. The Oneida National Bank and Trust Company of Central New YorkCourt of Appeals for the Second Circuit · 1965
- Laidlaw Energy & Environmental Inc. v. Town of EllicottvilleAppellate Division of the Supreme Court of the State of New York · 2009