Ennis v. Parkhurst
Supreme Court of Connecticut
Action by one of several subcontractors to foreclose a mechanic’s lien, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the plaintiff, and appeal by Michael J. Bracken, trustee of one Kremendahl, one of the defendants, whose claim of lien was disallowed. Error and cause remanded.
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Action by one of several subcontractors to foreclose a mechanic’s lien, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the plaintiff, and appeal by Michael J. Bracken, trustee of one Kremendahl, one of the defendants, whose claim of lien was disallowed. Error and cause remanded. The defendant Parkhurst contracted with one Rabbitt, as general contractor, for the building of a dwelling-house, and the latter in turn sublet all except the carpenter work to subcontractors. Rabbitt filed a petition in bankruptcy before the house was completed,…
1Opinion of the CourtBeach, J.
Neither the defendant Parkhurst, who is the owner of the premises, nor the defendant McCook, who is the trustee-of the bankrupt estate of the general contractor, disputes the validity of the Kremendahl lien. But the trial court, at the instance of the plaintiff and other subcontractors, has excluded the Kremendahl claim from participation in the balance due from the owner to the general contractor, on the specific ground that Kremendahl’s lien was invalidated by his wilful and intentional failure and refusal to fully complete the work called for by his contract.
The question is whether the…
2Cases cited4 opinions
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Tice v. MooreSupreme Court of Connecticut · 1909
- Hollister v. . MottNew York Court of Appeals · 1892
- Maeder v. WexlerAppellate Terms of the Supreme Court of New York · 1904
3Cited by2 opinions
- Avery v. SmithSupreme Court of Connecticut · 1921
- Hubbell, Hall & Randall Co. v. PentecostSupreme Court of Connecticut · 1915