New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-16
MARINE CouRr-Before Judge Lynch

MARINE CoURT-Before Judge Lynch
Uuham ALeuagt Richard Cr7adn, Orner and Gro Sztfh
contra00r.-TO recover, under the Liea la~ Of lc0l,
SIS 20 for carpenters work ten buildings, con-
trscted by Mr. smith u be built for Mr.. Carman-
The owner refused payment on the ground that Mr.
Smith abandoned his contract and the owner had 70 m
poy other Persons complete the contract and that ne
had been psid IN full
The Judge Oh the Trial required that the original con-
tract should be produced sho En that the work
In ouetJn had been done under the contract; also,
II Mr. Smith had owed - 600 10 Mr.. Carman for u-
Der previous to the contract having been entered into
Several witnesses called 70 prove that the con.
tractor had been paid for all that portion Of the work
done by him. ..
The Court In rendering its decision, said that $500
bad been earned and payable At the tune the con-
tractor admitted his inability 20 with the WORK,
and the owner gave him norce he should npoy DINERS
TO 90 on With the work at his expense. Some money
had been paid to the contractor, but the two nrs pay
ments of 81 100 each passed TO the credit oi the
contractor for lumber sold - him previous 70 the COO
tract Such credits, though iair between owner ana
contractor cannot be deemed, thi1E 70 De In go'n
faith against person Claiming unoef tne nsn
but If they excluded there was enough due 70 ne
contractor at the time the lien filed 70 entitled the
plAintf to recover When t'e owner determined 20 90
on az the expense Of the contractor he was not auor
Ted 10 make payments for work done subsequently 10
the prejudice of claimant by lien. AZ the tune OF tue
fling of the lien the whole was finished and the whole
price reserved by the contract was NOS paid fianun
was entitled preference 10 persons employed oy the
owner Besides the owner having enjoyed the services
of D aintif is liable the principle OF qHdHtam mdrNI
as TO any money payable at the time the hen was nieu
which had not been paid in good faith By the owner 10
the contractor. 80
In addition 10 these considerations this Court has
decided that the be considered under tne
st section OF the act liable TO hen holders Tor the uu
amount of the contract price without reference 10 the
amount Of work done and that ne is 10 be considered
10 that amount in the light OF security Tor tue conrac
tor TO GOV er the person entitled 10 lien, suoect 10
deduction Of the amount previously paid ~ him IN good
faith according 10 the terms Of the contract and TO the
amount of any prior liens existing on the premises
Judgment for plaintiff in amount claimed.
Court OF GENERAL SEssIoNs-TUeS-
deu-The Court occupied during toe entire day
Win the trial Of James Ferguson indicted for wifu and
corrupt perjury, which case was commenced on Mon,
day 1t was not concluded when the Court adjourned
for the day.
Court CALgNDAR-THiS Day.-CoM-
MON PLEAs-Part Nos 1913, 1875 l,3l7, Lib 1921
I323 l327 329 1881, 33. 49, lS}1, ~ ~ D.
1913 l3l5 l3i7, l,3i9 1851, l357 l,31I, l,19, ljo
1863 365 second Part yesterday.
SUPERIOR COUBT-Nos. 66l 6sil2 6l6, 6yi, IO1 Joo
COL COS GIL ESQ 6Si 727. 80, 1872 7 -, ~, 2ls
~ 742 743 745. a. 749 40 iJl, 112, 100, 'Jo 49,
~, 4g7 CD 6i9, 6jj, 656, 6jS, ia
SUPREME CoURr- Speciai Term.-Nos. 10, 30, ~, :,
I64 GO. a, &C. -, q, "a. l69. ~ l6l, O.
u DISTRICT CoURT.-NOs. al, A., - %, 81, -, -
CO, %, H.
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