Myers v. Strowbridge Estate Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. Plaintiff, J. H. Myers, commenced this suit to foreclose a mechanic's Hen. Defendant, Forth Plumbing & Heating Company, a partnership, designated herein as the Forth Company, filed a cross-complaint to foreclose its Hens.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. Plaintiff, J. H. Myers, commenced this suit to foreclose a mechanic's Hen. Defendant, Forth Plumbing & Heating Company, a partnership, designated herein as the Forth Company, filed a cross-complaint to foreclose its Hens. From a decree in favor of the Hen claimants awarding plaintiff $1,819.99, with interest, and $150 attorney’s fee, and the Forth Company $5,425.57, with interest, $350 attorney’s fee, and costs and disbursements, defendant, the Joseph A. Strowbridge Estate Company, a corporation, hereinafter…
1Opinion of the CourtJustice Bean
The Strowbridge Estate in its answer to the lien claimants maintains that its property is not subject to *38liens for the debts of the Market Company, the lessee, for the following reasons:
“(1) The lien claimants knew of the provisions of the lease exempting the property from liens. (2) Owner’s property is exempted from liens by the notices of nonliability and the knowledge conveyed thereby to lien claimants prior to the making^ of the improvements. (3) Lien elaimánts waived their right to liens by express contract to that effect. (4) Notices of liens were not filed within 30 days after the…
2Cases cited15 opinions
- McMurray v. BrownSupreme Court of the United States · 1876
- Springer Land Assn. v. FordSupreme Court of the United States · 1897
- Meredith v. RomanMontana Supreme Court · 1914
- Hughes v. LansingOregon Supreme Court · 1898
- Moreing v. WeberCalifornia Court of Appeal · 1906
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3Cited by14 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- English v. Olympic Auditorium, Inc.California Supreme Court · 1933
- Schram v. ManaryOregon Supreme Court · 1927
- Boulia-Gorrell Lumber Co. v. East Coast Realty Co.Supreme Court of New Hampshire · 1929
- Wallace v. Oregon Engineering Co.Oregon Supreme Court · 1918
9 more not listed; retrieve them via the Exa API.