Norton & Son's Assignee v. Hope Milling, Mining & Lumber Co.
Court of Appeals of Kentucky
Case 38 — PETITION EQUITY 1. While under the Kentucky Statutes if a mechanic or material man accepts security for work done or materials furnished, it is a waiver of his statutory lien, the security contemplated by the statute must he a bona -fide security, and not a sham one which is fraudulently palmed off on the mechanic; otherwise all a designing individual would have, to do would be to make false representations as to the value and title of property, and induce an…
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Case 38 — PETITION EQUITY 1. While under the Kentucky Statutes if a mechanic or material man accepts security for work done or materials furnished, it is a waiver of his statutory lien, the security contemplated by the statute must he a bona -fide security, and not a sham one which is fraudulently palmed off on the mechanic; otherwise all a designing individual would have, to do would be to make false representations as to the value and title of property, and induce an innocent mechanic to accept it as security for materials furnished, etc., and thereby deprive h'im of his statutory rights.…
1Opinion of the Court
JUDGE BURNAM
delivekeu the opinion oe the court.
On the 6th day of July, 1893, Henry Grinninger and others instituted their suit, in equity in the Lee Circuit Court against the Hope Milling, Mining and Lumber Co., a corporation created under the laws of Kentucky, alleging that the defendant company was indebted to them for work and labor performed, under contract, in the erection and construction of a saw mill and building in Lee county, and charging that this work was performed within twelve months before the •filing of the petition, .and that within sixty days after they ceased such labor…
2Cited by2 opinions
- In re Graves' EstateDistrict Court, W.D. Kentucky · 1939
- Continental Supply Co. v. Sandy River Oil Co.'s ReceiverCourt of Appeals of Kentucky (pre-1976) · 1927