Permanente Products Co. v. Bell Aircraft Corp.

Memorandum: We think, under the terms of the contract between Bell and Mills, Bell cannot sustain its right to an artisan’s lien (Wiles Laundering Co. v. Hahlo, 105 N. Y. 234; Morgan & Gray v. Congdon, 4 N. Y. 552; Pezenik v. Greenberg, 94 Misc. 192). While we cannot agree with the trial court’s decision as to the pledge agreement, still, on the record before us, we cannot make a new finding of fact on that question. (Civ. Prac. Act, §§ 445, 584.) We think that the evidence presents a question of fact for a jury to determine as to whether a pledge agreement was made at the conference of…