Davis v. Parsons
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191, for labor performed and materials furnished in the erection of a building in Boston. Trial in the Superior Court, without a jury, before Mason, C. J., who allowed a bill of exceptions in substance as follows. The case was heard upon the following agreed facts.
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Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191, for labor performed and materials furnished in the erection of a building in Boston. Trial in the Superior Court, without a jury, before Mason, C. J., who allowed a bill of exceptions in substance as follows. The case was heard upon the following agreed facts. At the hearing before an auditor, to whom the case was referred on -November 11, 1891, it was agreed by the parties in writing, and. it is now agreed as a fact, that the petitioner was entitled to maintain his lien for the sum of $800, and interest thereon from April 30,…
1Opinion of the CourtBarker, J.
It is conceded that the petitioner was entitled to have his lien established, unless barred by a note given to and negotiated by him, but which he had taken up before the completion of his contract, because of the inability of the maker to meet it at maturity, and which he produced and surrendered in court. The court below found that the note was not payment, and the respondents contend that the finding was not a proper inference from the facts stated, and also that, if the note was not payment when given, a finding that he was its owner at the *587time of filing his statement of lien could not…
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