Lehretter v. Koffman

1 E.D. Smith 664 | New York Court of Common Pleas | 1852

Daly, J.

There is no ground for interfering by injunction to restrain the prosecution of the suit in the marine court. If there are prior liens sufficient to absorb the funds remaining in the hands of the owner, it is a good defence to that suit. It was a defence under the former lien law, and must equally be a defence under the present act. If the existence of prior liens is set up as a bar to an action brought for the enforcement of a subsequent lien, the claimant in that action may deny their validity, ^(a) and if he succeeds in impeaching them, take judgment for the amount of his lien, if there is a sufficient fund in the owner’s hands, or, if not, a judgment to the extent of that fund. In certain cases, it may be necessary to institute a suit in this court in the nature of a bill of inter-pleader to adjust the rights of the respective claimants; but such is not the nature of the present suit. It is brought for the purpose of obtaining an injunction to restrain the further prosecution of the suit below; and as the facts set up in the complaint are available as a defence in that suit, the application for the injunction must be denied, and the present action dismissed.

Ordered accordingly.