Ames v. Dyer
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. This was an action of Assumpsit to recover the value of the plaintiffs’ labor in making a set of moulds, by which to construct the ship on which the plaintiffs claim a lien, and for materials used in making such moulds. The plea was the general issue, and a brief statement alleging that the claim of the plaintiffs did not constitute a lien claim.
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On Report from Nisi Prius, Appleton, J., presiding. This was an action of Assumpsit to recover the value of the plaintiffs’ labor in making a set of moulds, by which to construct the ship on which the plaintiffs claim a lien, and for materials used in making such moulds. The plea was the general issue, and a brief statement alleging that the claim of the plaintiffs did not constitute a lien claim. It was admitted that the plaintiffs furnished the lumber to make, and assisted in making, a set of moulds, which were used by the defendants while constructing the ship Oliver Jordan, and that the…
1Opinion of the CourtAppleton, J.
“Alien,” says Shaw, C. J., in Sumner v. Hamlet, 12 Pick. 76, “is the right to the custody of the property of another, with a right to hold and retain the same against the general owner as indemnity or for security for some debt or obligation.” By the civil law a lien, jus retentions, is defined to be “ a right to detain a thing until a demand is satisfied.” Lindley, Thebaut, § 232. It may result from the rules of the common law; it may arise from the contract of parties; or it may be created by statute. But whatever its origin, it rests upon the idea that the party having it has the right to…
2Cases cited1 opinion
- Phillips v. WrightThe Superior Court of New York City · 1852
3Cited by7 opinions
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- Raeder v. BensbergMissouri Court of Appeals · 1879
- Gaastra v. Bishop's Lodge Co.New Mexico Supreme Court · 1931
- Builders Material Co. v. JohnsonAppellate Court of Illinois · 1910
- Johnson v. McClureNew Mexico Supreme Court · 1900
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