Jacob A. Bohem & Bros. v. Seel
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1896, No. 167, M. L. D., discharging rule to amend mechanic’s lien and making absolute a rule to strike it off. Rule to amend mechanic’s lien. Rule to strike off mechanic’s lien.
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Appeal, No. 191, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1896, No. 167, M. L. D., discharging rule to amend mechanic’s lien and making absolute a rule to strike it off. Rule to amend mechanic’s lien. Rule to strike off mechanic’s lien. From the record it appeared that the appellant made a verbal agreement with Ida F. Seel and John E. Norton to furnish the heaters, ranges, slating and metal work, consisting of the cornices for twenty-three houses, which the said ,Seel and Norton were erecting upon lots of ground on the west side of Heiskill street, in the…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The lien was filed in time' but was defective on its face in being filed by a subcontractor and containing only a lumping charge. Plaintiff however averring that John E. Norton, named in the lien as contractor, was in reality the owner, and the title was put by him in the name of Ida F. Seel as a device to defraud his creditors, moved to amend by striking off the word “contractor ” after Norton’s name so that the lien should stand on the record as against Seel and Norton, “owners.” The court however discharged a rule to this effect, and made absolute a rule to…
2Cases cited2 opinions
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- Ballman ex rel. Lucas v. HeronSupreme Court of Pennsylvania · 1895
3Cited by9 opinions
- Fluke v. LangSupreme Court of Pennsylvania · 1925
- Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Toll-Barkan Co. v. TOLLSuperior Court of Pennsylvania · 1960
- Chapman v. FaithSuperior Court of Pennsylvania · 1902
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