100 N.E. 700 | NY | 1912
This is an action brought to foreclose a mechanic's lien. The only question to be decided on this appeal is whether the plaintiff is entitled to a lien for the rent of a steam shovel which it leased to a contractor for use in the construction of public works. The facts which relate to that question are few and simple. One Bailey undertook to construct two sand filter beds for the city of Yonkers. He wanted to use a steam shovel in the prosecution of the work, and he rented one from the plaintiff at a stipulated rental of $300 per month and the freight charges for shipment of the machine to and from the works. The shovel was used for six months, for which period the rental amounted to $1,800, upon which Bailey paid $700, leaving a balance of $1,100 for rent and $162.26 for freight charges, making a total unpaid balance of $1,262.26, for which the lien was filed. Bailey failed to complete the work, and it was completed by the Title Guaranty and Surety Company as surety on Bailey's bond. There are various parties to the action, and the findings of the trial court cover a number of incidental questions, but the contest on this appeal is wholly between the plaintiff as lienor and the surety company as substitute for the contractor.
The plaintiff's claim is that it furnished materials for the public work which was the subject of the contract *83 between the city of Yonkers and Bailey, and section five of the Mechanics' Lien Law, as it stood in 1908, is relied upon to support it. That section then provided that "A person performing labor for or furnishing materials to a contractor, his sub-contractor or legal representative, for the construction of a public improvement pursuant to a contract by such contractor with the State or a municipal corporation, shall have a lien for the principal and interest of the value or agreed price of such labor or materials upon the moneys of the state or of such corporation applicable to the construction of such improvement, to the extent of the amount due or to become due on such contract, upon filing a notice of lien as prescribed in this article." (L. 1897, ch. 418, section 5; amd. L. 1902, ch. 37.) As this statute does not specify the various kinds of materials for which it authorizes liens, the courts must of course decide all disputed questions arising over the meaning of the word "materials." The plaintiff asserts that its steam shovel, leased for a specified term to the contractor for use on this public work and then returned to the plaintiff, is "materials" within the meaning of the statute which, by its terms, the courts are required to construe "liberally to secure the beneficial interests and purposes thereof."
In view of what was written for this court in SchaghticokePowder Co. v. Greenwich Johnsonville Ry. Co. (
The judgment should be affirmed, with costs.
CULLEN, Ch. J., GRAY, WILLARD BARTLETT, HISCOCK, CHASE and COLLIN, JJ., concur.
Judgment affirmed.