Bowen v. Phinney
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191. At the trial in the Superior Court, before Blodgett, J., without a jury, it appeared that the respondent made a contract with one Bierweiller to paint a house, the same to be done with the best of stock, and to be first class in every respect, for the sum of $150; and that the petitioners were workmen employed by the contractor in doing the painting.
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Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191. At the trial in the Superior Court, before Blodgett, J., without a jury, it appeared that the respondent made a contract with one Bierweiller to paint a house, the same to be done with the best of stock, and to be first class in every respect, for the sum of $150; and that the petitioners were workmen employed by the contractor in doing the painting. The respondent offered to prove that, by reason of the poor stock used by the contractor, the painting was of no benefit to the respondent, but, on the contrary, a damage; and asked…
1Opinion of the CourtHolmes, J.
Our statute gives an immediate lien to one who has performed labor in the repair of a building by the consent of its owner. Pub. Sts. c. 191, § 1. Even if he is employed by a contractor, the laborer’s lien is not by way of subrogation, and does not depend upon the terms of the contract or the state of the account between his employer and the owner of the land. See Parker v. Bell, 7 Gray, 429. Atwood v. Williams, 40 Maine, *594409. Laird v. Moonan, 32 Minn. 358, 361. Shenandoah Valley Railroad v. Miller, 80 Va. 821, 831. Mallory v. La Crosse Abattoir Co. 80 Wis. 170. Wright v. Pohls, 83 Wis.…
2Cases cited6 opinions
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- S. V. R. R. Co. v. MillerSupreme Court of Virginia · 1885
- Moore v. EricksonMassachusetts Supreme Judicial Court · 1893
- Morehouse v. MouldingIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
11 more not listed; retrieve them via the Exa API.