Mathews v. Libbey Bros.
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the balance alleged to be due for lumber furnished to defendant.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the balance alleged to be due for lumber furnished to defendant. The Court in the opinion stated the facts as follows: This action was begun in the municipal court by Libbey Brothers against/ William Mathews, appellant, to recover the sum of $260.76, the balance of an account for lumber furnished to the amount of $1,043.79. Plaintiffs recovered judgment for the amount claimed, and defendant appealed to the supreme court of the District. Plaintiff, in…
1Opinion of the CourtChief Justice Shepard
Whilst, by the law of Maryland, defendant’s promises could be subjected to a lien for materials furnished his contractor for use in the construction of his house in that State, he was not personally bound for his contractor’s debt. The relation of debtor and creditor did not subsist between the defendant and the plaintiffs. The liability of the defendant in this action depended, as the court charged the jury, upon proof of his promise to pay the debt of another. The promise to refrain *277from prosecuting a lien upon defendant’s promises for materials furnished his contractor, if acted upon, is a…
2Cases cited2 opinions
- Willard v. WoodSupreme Court of the United States · 1896
- Bank of the United States v. DonnallySupreme Court of the United States · 1834
3Cited by4 opinions
- Kidwell & Kidwell, Inc. v. WT Galliher & Bro., Inc.District of Columbia Court of Appeals · 1971
- Thomas v. EhrmantrautDistrict of Columbia Court of Appeals · 1955
- Kidwell & Kidwell, Inc. v. WT Galliher & Bro., Inc.District of Columbia Court of Appeals · 1971
- Union Wesley A.M.E. Zion Church v. Rider Enterprises, Inc.District of Columbia Court of Appeals · 1977