Booth v. Vonberen
Supreme Court of Connecticut
Suit by the trustee in bankruptcy of a building contractor, to determine the validity of several mechanics’ liens and the amount due thereon respectively, and to recover an alleged balance from the owner of the building, brought to the Superior Court in New Haven County where a demurrer to the answer was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the court, Reed, J.; facts found and judgment rendered in favor of the defendants, and appeal by the…
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Suit by the trustee in bankruptcy of a building contractor, to determine the validity of several mechanics’ liens and the amount due thereon respectively, and to recover an alleged balance from the owner of the building, brought to the Superior Court in New Haven County where a demurrer to the answer was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the court, Reed, J.; facts found and judgment rendered in favor of the defendants, and appeal by the plaintiff. The court found these facts: On October 1st, 1907, one Humphrey, a builder, entered into a written agreement with…
1Opinion of the CourtHall, J.
All the facts having been found under the issues raised by the plaintiff’s reply to the defendant Mansfield’s answer, it is unnecessary to consider the ruling of the trial court upon the plaintiff’s demurrer to that answer.
The only question presented by this appeal is whether, upon the facts found, Mansfield has, under our statutes, a valid mechanic’s lien upon VonBeren’s land and building.
Mansfield was not an original contractor for the construction of the house in question, nor did he have a written contract with the original contractor assented to by the owner. To acquire a valid lien for…
2Cases cited6 opinions
- Flint v. RaymondSupreme Court of Connecticut · 1874
- Maryland Brick Co. v. DunkerlyCourt of Appeals of Maryland · 1897
- Nye & Schneider Co. v. BergerNebraska Supreme Court · 1897
- Farnham v. DavisSupreme Judicial Court of Maine · 1887
- Brown v. Edward P. Allis Co.Wisconsin Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peck v. BrushSupreme Court of Connecticut · 1916
- Marchetti v. SleeperSupreme Court of Connecticut · 1924
- Kendallville Lumber Co. v. AdamsIndiana Court of Appeals · 1931
- Coastal Plumbing-Heating v. Habetz, No. Cv90-030922 (Aug. 28, 1991)Connecticut Superior Court · 1991