New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-11
NJ ECAANICS' LIEN FIGHT
Sub-Contractors for Car Barns
You'd Collect from Brady s Go.

An illustration Of the uses to which the law
relating 20 mechanics liens private buildings
may be put had yesterday in the Supreme
Court in an argument on phase OF the suit OF the
Dillman Fireproof Construction Company acains'
John r Brady & Go. The proceeding for the
discharge OF a lien on the new building OF the New
York city Railway Company, at LenoN avenue and
10th street
obtained the contract Tor the construction of Tho
railway property. which wss 20 include car barns.
offices and shops. The price TO be about Sio1,
coo Tie contractors put M bond to cover any
lien filed against the building. in which case they
forfeit any money that might stin he due
them such time.
The Dulman Fireproof Construction Company
obtained sub-contract from tine Brady company
on a bid of $S95oo. Tho hreproofns to he COM
peted September Is, 1905 the sGb-contractors
were to forfeit 500 every day beyond that date
on which the work remained unfinished.
The sub-contractor furnished "A bond of S5o,0oo
Of the Metropolitan Surrey Company as security.
The MetroJ otan surety Company went into the
hands of receiver III thu TALL
Last January Louis Z. Dillman, treasurer OF the
hreproohnS concern. told the Brady company that
he was short OF ash and that if n" could not got
al advance of money on the contract liens would
be fled against the property, whica he could not
- tisfv and which would have to he bonded by the
general contractors. The Iaadv company paid out
various sums under such representations. and. IN
addition. paid sums various persons on orders
from the Dilman company.
The hrcproofnE company abandoned the work en-
tireIv on March -. 1909. and the Brady company
had 70 take hold Of the job and complete 1t 10 pro
tect itself paving damages 10 the receivers "f
the Now York City Railway Company. On April
% the piman company filed q lien against The ear
barns alleging that its contract called for the pay
mont of sl31477, and that there was still due
s50.5i5 The lien was not verified by Louis g.
plllman. the treasurer. who had sled it, hut by
Harold T. Trppett who swore attorney for the
plnlan company that the matters set forth in the
lien
The Brady company, THOUGH its counsel. denied
that any amount due the Dillman company,
and declared that moro ihan the amount called for
hv the contract had already been pad Tlte con-
tractors put I'm a claim for Sl00 day damages for
ia Gavs beyond the contract time, or total ~
SCI 400 The contractors asked Judgment for
Se4S79 against the sub-contractoT in addition 10
declaring the lien void 1he Dnln concern TO
fused 10 accept this answer the ground that II
WAS not properly verified. end Arnold l. Davis Of
counsel for the Brady company. moved before jus
tce Brady to compel the 'Dillmsu concern 10 Hc-
cept it, Justice Brady granted the pra"r YESTERDAY
At the request Of Hir Davis the District Attor-
news ONCE investigated the conduc Of Harold w
Trirpett. counsel for the pman COMPANY IN
swearing to the truthfulness Of the matters stated
in the lien when he could have had no knowleds"
of their truthfulnesS. Mr. Murphy Assistant Dis
tricr Attorney summoned Trippett 20 his orcc, and
the latter Explained that he had verified the lien
himself because his client Could not get downtown
that day Mr. Murphy SAID he felt that the owl
dence Of intent WAS not sufficiently strong 20 make
out