Legal Opinion

Pond & Hasey Co. v. O'Connor

Supreme Court of Minnesota

Decided December 2, 1897No. Nos. 10,769-(159)PublishedCited by 20 opinions

Appeal by defendants Gibson and Wyman from an order of the district court for Hennepin county, Jamison, J., denying a motion for a new trial, after findings and an order for judgment in favor of the plaintiff and of defendant Cederstrand. As to application of payments Hersey v. Bennett, 28 Minn. 86; Winnebago v. Travis, 56 Minn. 480; were cited. As to the question of fixtures O’Brien v. Haydock, 59 Mo.

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Appeal by defendants Gibson and Wyman from an order of the district court for Hennepin county, Jamison, J., denying a motion for a new trial, after findings and an order for judgment in favor of the plaintiff and of defendant Cederstrand. As to application of payments Hersey v. Bennett, 28 Minn. 86; Winnebago v. Travis, 56 Minn. 480; were cited. As to the question of fixtures O’Brien v. Haydock, 59 Mo. App. 653; Koenig v. Mueller, 39 Mo. 165; Collins v. Mott, 45 Mo. 100; Richardson v. Koch, 81 Mo. 264; Baldwin v. Merrick, 1 Mo. App. 281; Merchants v. Stanton, 55 Minn. 211, 62 Minn. 204; were…

1Opinion of the Court

MITCHELL, J.2

This action was brought by the plaintiff to enforce a mechanic’s lien for labor performed and material furnished in putting a heating plant into a building owned by the defendants Gibson and Wyman, and by them leased to the defendant O’Connor. The plaintiff’s contract for putting in the plant was with the lessee, and the object of the suit was to subject to the lien the interest of the owners or lessors, as well as that of the lessee, in the property. The defendant *268Cederstrand answered, claiming a like and co-ordinate lien on the property for labor performed and material…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Hersey v. BennettSupreme Court of Minnesota · 1881

3Cited by20 opinions

  1. Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
  2. McCleery-Dudley Lumber Co. v. WorkmanSupreme Court of Kansas · 1919
  3. Kann v. KannSupreme Court of Pennsylvania · 1918
  4. Neal v. GideonSupreme Court of Kansas · 1943
  5. McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905

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