New Jersey Equity Reports Volume 67

New Jersey Equity Reports Volume 67

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...These objections have been determined unfavorably to the contentions of the trustee in the previous discussions of the claim of Billings, King & Company. The other objections will be hereinafter considered, as the theory upon which they rest affects all stop notices served after September 27th, 1901--that is, within a period of four months next preceding the filing of the petition in bankruptcy against Goings, the contractor. The stop notice of Gabriel Garrison was served on January 25th, 1902, claiming $186.03. The effect of all the proofs and admissions regarding this claim show compliance with the statutory requirements. It is allowed as the seventh claim entitled to payment from the fund, $186.03. The stop notice of the Phoenix Iron Company, served on Janu ary 27th, 1902, is in the same situation and is allowed as the eighth claim, of $93.10. The stop notice of Sylvester Leeds is mentioned in the bill of complaint and is supported by a statement of claim filed in the-cause. The testimony shows that a demand for payment of this claim was made upon Goings, the contractor, and that he refused to pay it, but no proof is made that any written notice of that refusal was given to Mrs. Fehling, requiring her to retain the amount. For this reason this claim is not allowed. Sheppard & Hackney file a statement, claiming.$897.55, as noticed on September 1st, 1901, to be retained by the owner. N o proof whatever was made of compliance by the claimants with the requirements of the statute. Other stop notices appear to have been served, and the claimants serving them have been made defendants in this suit, but they have not interpleaded by filing answer or statement of claim-in this cause and have submitted no proofs in support of more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • United States
  • English
  • black & white illustrations
  • 1236811240
  • 9781236811240