New York Slate Works v. H. Krantz Mfg. Co.

E.D. New York

New York Slate Works v. H. Krantz Mfg. Co.

217 F. 587, 1914 U.S. Dist. LEXIS 1526

DecidedOctober 5, 1914

StatusPublished

This text of 217 F. 587 (New York Slate Works v. H. Krantz Mfg. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Slate Works v. H. Krantz Mfg. Co., 217 F. 587, 1914 U.S. Dist. LEXIS 1526 (E.D.N.Y. 1914).

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Opinion

CHATFIELD, District Judge.

[1] The filing of a lien after appointment of a receiver is not proper cause for treating the lien as invalid ; but this lien does not seem to have been filed in 90 days, nor does it state in any way how much work has been done. It states that the total work of the contract is worth $200, and that nothing has been paid; but, aside from the dates between which certain work was done, it nowhere states that any pay has been earned. Bossert v. Pox, 89 [588]*588App. Div. 7, 85 N. Y. Supp. 308, affirmed in 180 N. Y. 546, 73 N. E. 1120.

[2] The work'was completed and accepted, if it was, in fact, completed, when turned over to the contracting party, and the subsequent demand to make good some shortcoming cannot (in the absence of proof that the' work was incomplete until inspection and acceptance) extend the date from which the statute runs. The claim will be treated as a general claim against the estate.

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CHATFIELD, District Judge.

[1] The filing of a lien after appointment of a receiver is not proper cause for treating the lien as invalid ; but this lien does not seem to have been filed in 90 days, nor does it state in any way how much work has been done. It states that the total work of the contract is worth $200, and that nothing has been paid; but, aside from the dates between which certain work was done, it nowhere states that any pay has been earned. Bossert v. Pox, 89 [588]*588App. Div. 7, 85 N. Y. Supp. 308, affirmed in 180 N. Y. 546, 73 N. E. 1120.

[2] The work'was completed and accepted, if it was, in fact, completed, when turned over to the contracting party, and the subsequent demand to make good some shortcoming cannot (in the absence of proof that the' work was incomplete until inspection and acceptance) extend the date from which the statute runs. The claim will be treated as a general claim against the estate.

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217 F. 587, 1914 U.S. Dist. LEXIS 1526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-slate-works-v-h-krantz-mfg-co-nyed-1914.

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