Spaulding v. Thompson Ecclesiastical Society
Supreme Court of Connecticut
Bill for a foreclosure upon a mechanics’ lien. The petitioner, under a contract with certain builders named Stratton & Bishop, had tinned the spire of a church built by them, and had filed a certificate under the provisions of the statute of 1855 with regard to mechanics’ liens, claiming a lien for his work on the church, the claim exceeding $25* The church was built by Stratton & Bishop under a written contract dated Dec. 4, 1854, with William H. Mason and others, acting as…
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Bill for a foreclosure upon a mechanics’ lien. The petitioner, under a contract with certain builders named Stratton & Bishop, had tinned the spire of a church built by them, and had filed a certificate under the provisions of the statute of 1855 with regard to mechanics’ liens, claiming a lien for his work on the church, the claim exceeding $25* The church was built by Stratton & Bishop under a written contract dated Dec. 4, 1854, with William H. Mason and others, acting as a committee for certain persons associated for the purpose of erecting the church. By the contract, Stratton & Bishop…
1Opinion of the CourtHinman, J.
The plaintiff by his bill seeks to foreclose a mechanics’ ben, which he claims, on the ground of his having furnished materials and rendered services in the erection of the defendants’ church edifice. It appears, however, that the work was not done at the request of the defendants, or even for their benefit. On the contrary, it was done against their express prohibition to the original contractors, and was also done after the contractors had been fully paid the contract price for the erection and completion of the whole chui'ch. Under such circumstances we can not think the plaintiff…
2Cited by5 opinions
- Peck v. BrushSupreme Court of Connecticut · 1916
- Barlow Brothers Co. v. GaffneySupreme Court of Connecticut · 1903
- Waterbury Lumber & Coal Co. v. CooganSupreme Court of Connecticut · 1901
- New England Savings Bank v. Meadow Lakes Realty Co.Supreme Court of Connecticut · 1998
- George Alling'S Sons Co. v. Cheshire Street Railway Co.Supreme Court of Connecticut · 1910