The spent match was present in the bottom of the bottle. Under general anaesthesia the bottle was removed using a diamond -tipped portable glass saw.
App. 2d 460] those funds to other creditors or using them to advance its own interests, as was done in the case at bar (Diamond Match Co. v. Silberstein, supra.
Case diamond match silberstein triNor does the use of the word "withhold" in subsection h imply that the monies withheld must be due the owner. Defendant and certain cross-defendants appeal from a judgment for plaintiff and cross-defendants determining the rights of unpaid materialmen to the proceeds of construction loans held by defendant savings and loan association.
A failure to pay at that time, they contend, is a breach of the fundholder's obligation resulting in its being personally liable for interest on the claims from the date the fundholder's obligation to pay arose. Nor is there any evidence from which reliance may reasonably be inferred. Such a fund as is contemplated by subsection h was therefore created. Hughes Steel Company hereinafter "Hughes" had been given a contract for some or all of the construction work on the project. Defendant owes the owners nothing, however, because of their default. The trial court goals training gift cards gifts girls lacrosse a demurrer without leave to amend, on the express ground that neither court costs nor attorney fees are recoverable under the statute involved. The amount that must be withheld is therefore eighty per cent of the amount of the bond. Instead, at a subsequent date, when the conditions of the escrow still were not met, because the claims of the United States Government and of Everson had not been satisfied, the Association amended its instructions to permit a prorata disbursement of funds on hand. A stop notice has been regarded as an equitable garnishment Diamond Match Co, case diamond match silberstein. It is a legitimate legislative purpose to give suppliers of materials and labor reasonable assurance that they will be compensated. The judgment for the mechanic's lien claimants is reversed. Quinlan for Cross-defendants and Appellants. Penney for Defendant and Appellant. Subsection h requires that upon receipt of a bonded stop-notice claim the fundholder "must withhold from the borrower or other person to whom said owner may be obligated to make payments or advancements out of said fund sufficient money to answer such claim. Defendant contends that allowing the claims herein will result in forcing it to violate state statutes governing the lending practices of savings and loan associations.
Case diamond match silberstein - journey
This position would be consistent with the use of the terms "garnishment," "assignment," or "subrogation" in their usual senses. The remedies are independent and cumulative. On the contrary the "said fund" from which a lender must withhold claimed money is defined in the first paragraph of subsection h as that amount "furnished or to be furnished by the...