Legal Opinion

Mertz v. Press

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 6 opinions

Appeal by the defendants, T. Channon Press, as receiver of the Mapes-Reeve Construction Company, and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of October, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also an appeal by each of said defendants from an order denying such defendants’ motion for a new…

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Appeal by the defendants, T. Channon Press, as receiver of the Mapes-Reeve Construction Company, and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of October, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also an appeal by each of said defendants from an order denying such defendants’ motion for a new trial made upon the minutes, which orders were respectively entered in said clerk’s office on the 29tli and 30th days of…

1Opinion of the Court

Hatch, J.:

The plaintiffs herein furnished certain work, labor and materials to the Mapes-Reeve Construction Company in connection with a contract between it and the city of New York for the building of a schoolhouse. Not having been paid therefor, the plaintiffs filed a mechanic’s lien with the comptroller of the city of New York and with the board of education, claiming a lien upon funds due and to become due to the extent of the claim therein specified. After the filing of this lien the Mapes-Reeve Construction Company caused to be executed by the defendant, The City Trust, Safe Deposit and…

2Cases cited7 opinions

  1. Morton v. . TuckerNew York Court of Appeals · 1895
  2. Ringle v. MatthiessenAppellate Division of the Supreme Court of the State of New York · 1896
  3. Hafker v. HenryAppellate Division of the Supreme Court of the State of New York · 1896
  4. Steuerwald v. GillAppellate Division of the Supreme Court of the State of New York · 1903
  5. von den Driesch v. RohrigAppellate Division of the Supreme Court of the State of New York · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
  2. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  3. Pierce v. WilsonAppellate Division of the Supreme Court of the State of New York · 1907
  4. McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
  5. Berger Manufacturing Co. v. City of New YorkNew York Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

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