New York Supreme Court January 15, 1900 (Mertz v. Mapes-Reeve Construction Co.)

Bischoff, J.

The lien upon the fund due from the city having been discharged by the giving of a bond, the plaintiffs’ right to *344judgment in this action, upon a favorable determination of the issues of fact, must depend upon the power of the court to render a personal judgment against the contractor for the amount due from the latter to the plaintiffs and for which the lien was filed.