Johnson v. Boudry
Massachusetts Supreme Judicial Court
Petition under the Geu. Sts. c. 150, to enforce a mechanic’s lien. No interest was claimed in the petition, nor in the certificate previously filed by the petitioner in the office of the town clerk. At the trial in the Superior Court, before Putnam, J., no exception was taken to the instructions as to the principal sum for which the petitioner should have a lien.
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Petition under the Geu. Sts. c. 150, to enforce a mechanic’s lien. No interest was claimed in the petition, nor in the certificate previously filed by the petitioner in the office of the town clerk. At the trial in the Superior Court, before Putnam, J., no exception was taken to the instructions as to the principal sum for which the petitioner should have a lien. The judge instructed the jury to determine the sum due the petitioner upon the day of filing his certificate, without interest. A verdict was returned accordingly. Upon the motion of the petitioner, the judge ordered a sale of the…
1Opinion of the CourtGray, C. J.
The respondent has no just ground of exception to the ruling and order of the Superior Court. The certificate filed in the town clerk’s office could not properly include interest to accrue afterwards. The sum due to the petitioner having been unlawfully withheld by the respondent, interest, though not specifically claimed in the petition, is to be computed, in this proceeding to obtain payment of the debt by enforcing the lien, as it would have been in an action on the debt itself, from the beginning of the suit to the time of judgment; Barstow v. Robinson, 2 Allen, 605; Mills v. Heeney, 35…
2Cases cited1 opinion
- Mills v. HeeneyIllinois Supreme Court · 1864
3Cited by7 opinions
- Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Young v. WinkleyMassachusetts Supreme Judicial Court · 1906
- Otis Elevator Co. v. LongMassachusetts Supreme Judicial Court · 1921
- Casey v. WeaverMassachusetts Supreme Judicial Court · 1886
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