Osborne v. Barnes
Massachusetts Supreme Judicial Court
Three petitions to enforce mechanic’s liens brought by Heman Osborne against Frank D. Barnes, as owner, and the Northampton Co-operative Bank, as mortgagee, George S. Whit-beck intervening in each case, the original petitions filed in the District Court of Hampshire on June 28, 1900, and the intervening petitions on August 14, 1900. On appeal to the Superior Court the cases were heard by Maynard, J., on an auditor’s report.
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Three petitions to enforce mechanic’s liens brought by Heman Osborne against Frank D. Barnes, as owner, and the Northampton Co-operative Bank, as mortgagee, George S. Whit-beck intervening in each case, the original petitions filed in the District Court of Hampshire on June 28, 1900, and the intervening petitions on August 14, 1900. On appeal to the Superior Court the cases were heard by Maynard, J., on an auditor’s report. The judge refused the rulings requested by the respondents and made a decree establishing the liens of both Osborne and Whitbeck in each case; and the respondents alleged…
1Opinion of the CourtBarker, J.
These are three separate petitions to establish liens on three separate lots of land, on each of which the petitioner Osborne built in the year 1900 a dwelling house. The houses were built in accordance with a written contract entered into on January 16, 1900, between him and the respondent Barnes, which fixed the compensation to be paid Osborne for building two of the houses at the sum of $1,500 each, and that to be paid for building the other house at $1,200. Osborne sublet to the intervening petitioner Whitbeck a certain part of the work of building each house, and Whitbeck not having been…
2Cases cited4 opinions
- Batchelder v. RandMassachusetts Supreme Judicial Court · 1875
- Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Ellenwood v. BurgessMassachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
- Paget v. PetersOregon Supreme Court · 1930
- Girouard v. JasperMassachusetts Supreme Judicial Court · 1914
- S. H. Bowman Lumber Co. v. PiersolSupreme Court of Minnesota · 1920
- Scholl v. FleischerMassachusetts Supreme Judicial Court · 1925