New York Court of Appeals

The Titusville Iron Company, Appellant v. the City of New York, Respondents

December 31, 1912207 N.Y. 203

Summary

The Court reversed the lower court's judgment for the Board of Education and Olvany, holding that the Board improperly appropriated the plaintiff's property without the required written notice and that the plaintiff's title was superior. The decision rests on the contract's notice condition, the lack of any lien by the contractor, and the inapplicability of future‑property mortgages against creditors.