Phœnix Manufacturing Co. v. McCormick Harvesting Machine Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chip,-pewa county: A. J. Yinje, Circuit Judge. Between December 29,1899, and March 7,1900, the plaintiff furnished to the defendant Barnhart machinery consisting of boiler, engine, sawmill machinery, etc., to be wrought into a sawmill to be built by said Barnhart upon certain real estate held by him under land contract from the defendant Matthes, amounting in all to $470.03. Of this. $434.40 were delivered on December 29th, the…
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Appeal from a judgment of the circuit court for Chip,-pewa county: A. J. Yinje, Circuit Judge. Between December 29,1899, and March 7,1900, the plaintiff furnished to the defendant Barnhart machinery consisting of boiler, engine, sawmill machinery, etc., to be wrought into a sawmill to be built by said Barnhart upon certain real estate held by him under land contract from the defendant Matthes, amounting in all to $470.03. Of this. $434.40 were delivered on December 29th, the remainder on and subsequent to January 17, 1900. On January 12th Barnhart executed a chattel mortgage upon “ all that…
1Opinion of the CourtDodge, J.
The single question raised upon this appeal is whether the plaintiff must, as matter of law, be held to have waived his right to a mechanic’s lien upon the real estate into which was wrought the property sold by him for that purpose, by the act of taking for the purchase price thereof a promissory note and a chattel mortgage upon the specific chattels sold.
The preponderance of authority doubtless is to the effect that a mechanic’s lien will be deemed waived either by taking therefor a promissory note maturing not until after the statutory time fixed for enforcing the lien, or by taking…
2Cases cited10 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Clark v. MooreIllinois Supreme Court · 1872
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Carl Miller Lumber Co. v. MeyerWisconsin Supreme Court · 1924