Glens Falls Portland Cement Co. v. Van Wirt Construction Co.

The action is to foreclose plaintiff’s mechanic’s

lien upon funds due the contractor on completion of a State *160highway contract by the Van Wirt Construction Company. The work h'as been approved and the State now holds $16,712.91 due and payable to the contractor. In addition there is a sum of $11,659.16, and accrued interest, on deposit with the defendant, appellant, National Bank of Glens Falls. The latter sum represents sums received from the State on account of said contract and held by said bank in trust pursuant to an agreement between the bank, the plaintiff lienor and certain defendant…