Kelsey Smith & Co. v. Douglas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dinkel & Jewell Company, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 27th day of July, 19 M, upon the decision of the court after a trial at the Westchester Special Term.
1Opinion of the Court
Rich, J.:
This action is brought for the foreclosure of a mechanic’s lien, filed first in point of time by a subcontractor, and later *708liens by laborers, all assigned to plaintiff. The other defendants are subsequent lienors and persons interested in the distribution of a fund of $639.54 found to remain in the hands of the owner applicable to the payment of liens. The question presented is, whether the appellant, as the assignee of the contractor, is entitled to such fund as against the respondent Tristini, whose lien is for labor performed by himself, and who is the assignee of several other…
2Cases cited4 opinions
- Lauer v. . DunnNew York Court of Appeals · 1889
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Harvey v. . BrewerNew York Court of Appeals · 1904
- Van Kannel Revolving Door Co. v. AstorAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Williams Engineering & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
- Kelsey Smith & Co. v. DouglasAppellate Division of the Supreme Court of the State of New York · 1915