Street Lumber Co. v. Sullivan
Massachusetts Supreme Judicial Court
Petition, filed on January 20, 1906, to enforce a mechanic’s lien for lumber furnished by the petitioner and used in the construction of a dwelling house of the respondent in that part of Chicopee called Chicopee Falls. In the Superior Court the case was referred to James L. Doherty, Esquire, as auditor, who filed a report, in which appeared the material facts which are stated in the opinion. Later the case was heard by Wait, J., upon the auditor’s report.
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Petition, filed on January 20, 1906, to enforce a mechanic’s lien for lumber furnished by the petitioner and used in the construction of a dwelling house of the respondent in that part of Chicopee called Chicopee Falls. In the Superior Court the case was referred to James L. Doherty, Esquire, as auditor, who filed a report, in which appeared the material facts which are stated in the opinion. Later the case was heard by Wait, J., upon the auditor’s report. The respondent asked the judge to make the following rulings: 1. That no notice in writing was given to the owner of the premises sought…
1Opinion of the CourtBraley, J.
The respondent not having been the purchaser, the petitioner has no lien for the lumber furnished unless it gave the notice required by R. L. c. 197, § 3, which provides that “ the lien shall not attach for materials unless the person who furnishes them, before so doing, gives notice in writing to the owner of the property to be affected by the lien, if such owner is not the purchaser of such materials, that he intends to claim such lien.” In Whitford v. Newell, 2 Allen, 424, 426, where the effect of this requirement found in earlier legislation, which by re-enactment is still the law, was…
2Cases cited11 opinions
- Shelton v. SearsMassachusetts Supreme Judicial Court · 1905
- General Fire Extinguisher Co. v. ChaplinMassachusetts Supreme Judicial Court · 1903
- Trask v. SearleMassachusetts Supreme Judicial Court · 1876
- Wiltsie v. HarveyMichigan Supreme Court · 1897
- Blanchard v. ElyMassachusetts Supreme Judicial Court · 1901
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3Cited by17 opinions
- Ng Bros. Construction, Inc. v. CranneyMassachusetts Supreme Judicial Court · 2002
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Costello v. Board of Appeals of LexingtonMassachusetts Appeals Court · 1975
- Hammill-McCormick Associates, Inc. v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1987
- Mullen Lumber Co. v. LoreMassachusetts Supreme Judicial Court · 1989
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