American Radiator Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles P. Wortman, as trustee, etc., from a judgment of the Supreme Court in favor of the defendant, The Capital Company, entered in the office of the clerk of the county of New York on .the'lltli day of April, 1907, upon the decision of the court, rendered after a trial at. the New York Special Term, dismissing the complaint upon, the merits and granting further relief to said defendant company.
1Opinion of the Court
Laughlin, J.:
The action was brought to foreclose a municipal lien filed by the plaintiff on the 1st day of May, 1906, against the fund due, or to grow due, under a contract made by Charles Meads & Co. with the city of New York for the erection of Public School No. 45 in the borough of Brooklyn. The contractor sublet the work of furnishing the labor and material necessary to install and complete the steam heating, according to the plans and specifications,,to the bankrupt for the agreed price and consideration of $2,600. The plaintiff, pursuant to a'contract with the bankrupt, by which the…
2Cases cited3 opinions
- Springer v. . BienNew York Court of Appeals · 1891
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Lance v. ShaughnessyNew York Supreme Court · 1895