Legal Opinion

Doe v. Monson

Supreme Judicial Court of Maine

Decided July 1, 1851PublishedCited by 2 opinions

On Exceptions from the District Court, Hathaway, J. The question was whether Seavy, the supposed trustee, was liable upon his disclosure. The disclosure exhibited substantially the following facts. There had been placed in the stream a large quantity of logs, in several lots and of different ownerships, to be driven to a place of manufacture. Seavy, the supposed trustee, owned one of these lots.

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On Exceptions from the District Court, Hathaway, J. The question was whether Seavy, the supposed trustee, was liable upon his disclosure. The disclosure exhibited substantially the following facts. There had been placed in the stream a large quantity of logs, in several lots and of different ownerships, to be driven to a place of manufacture. Seavy, the supposed trustee, owned one of these lots. He contracted with Monson, the principal defendant, to drive that lot, at a stipulated price per thousand feet. Monson hired five laborers who assisted him in the driving. The owners of the other lots…

1Opinion of the CourtWells, J.

— By the Act of August 10, 1848, chap. 72, “ any person who shall labor at cutting, hauling or driving logs, masts, spars or other lumber, shall have a lien on all logs and lumber he may aid in cutting, hauling or driving as aforesaid, for the amount stipulated to be paid for his personal services, and actually due. And such lien shall take prece*432deuce of all other claims except liens reserved by the State of Maine or the Commonwealth of Massachusetts for their own use, and the lien shall continue sixty days after the logs, masts, spars or other lumber subject thereto shall have arrived at…

2Cited by2 opinions

  1. Laird v. MoonanSupreme Court of Minnesota · 1884
  2. Reilly v. StephensonMichigan Supreme Court · 1886

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