New Jersey Steel & Iron Co. v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New Jersey Steel and Iron Company, from so much of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 13th day of February, 1902, upon the report of a referee, as adjudges that the defendants Barr, Thaw, Fraser and The American Exchange National Bank are entitled to a lien prior to the plaintiff’s lien.
1Opinion of the Court
Hatch, J.:
This action is brought to foreclose a mechanic’s lien filed by the plaintiff. The defendant Kinney is the owner of the premises ; the defendant Andrew J. Robinson was the general contractor, and the plaintiff and the other defendants sub-contractors under him. The defendant Robinson made default in the performance of his contract with the defendant owner, and made a general assignment for the benefit of creditors. The owner thereafter completed the contract, pursuant to the provisions thereof authorizing him so to doj and upon completion a considerable sum of money became *514due and…
2Cases cited8 opinions
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Mahley v. . German BankNew York Court of Appeals · 1903
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by15 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Finn v. . SmithNew York Court of Appeals · 1906
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1905
- Abelman v. MyerAppellate Division of the Supreme Court of the State of New York · 1907
- Schwartz v. LewisAppellate Division of the Supreme Court of the State of New York · 1910
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