Moyes v. Kimball
Supreme Judicial Court of Maine
On Report. The first action was debt on a bond, and the other two were suits in equity to enforce lien claims on a dwelling-house of the plaintiff, Emily Moyes.
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On Report. The first action was debt on a bond, and the other two were suits in equity to enforce lien claims on a dwelling-house of the plaintiff, Emily Moyes. The facts are stated in the opinion. . 1. Fitzgerald was surety in the contractor’s bond, which provided that the building should be delivered to the owner on or before Dec. 15, 1896, with all lien claims arising from contracts legally waived, fully discharged or good and sufficient indemnity given. 2. Fitzgerald furnished materials which went into the construction of the building. 3. Fitzgerald brought a bill in equity to enforce his…
1Opinion of the CourtSavage, J.
The first case is an action of debt on bond signed by the defendant Kimball as principal and by the other defendants, Bearce & Clifford, George .B. Brooks, C. T. Fitzgerald and George W. Lane, as sureties. The condition of the bond is as follows: “Whereas the said F. H. Kimball has contracted with the said Mrs. J. A. Moyes to furnish or cause to be furnished all labor and materials for the erection and construction of a wooden *233dwelling-house, on the land of said Moyes on the westerly side of Horton street in said Lewiston, in accordance with the plans and specifications made therefor by…
2Cases cited3 opinions
- Trustees of the German Lutheran Evangelical St. Matthew's Congregation v. HeiseCourt of Appeals of Maryland · 1876
- Spears & Leonard v. LawrenceWashington Supreme Court · 1894
- Morse v. MansfieldWashington Supreme Court · 1894