9 Daly 218 | New York Court of Common Pleas | 1880
The decision of the. referee was right. The evidence showed that when the plaintiffs filed their lien, or rather, when they notified the defendant, Mooney, of the filing of it, nothing was due by him to Van Clave, Van Clave having then been overpaid upon the-contract under which the work was done by the plaintiffs. This included the payment made by Mooney to Heck, who
J. F. Halt and Yah Hoeseh, JJ., concurred.
Judgment affirmed.