Bassett v. Baird
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 189. • Scire facias sur municipal claim, issued by W. H. Bassett and J. T. Brown, trading as Bassett & Brown, against Samuel H. Baird.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 189. • Scire facias sur municipal claim, issued by W. H. Bassett and J. T. Brown, trading as Bassett & Brown, against Samuel H. Baird. Plaintiffs contracted with Baird to paint and glaze a bouse erected by the latter on property owned by him, for which they were to receive $220. The plaintiffs alleged that the work was completed about June 6th 1873. This fact was disputed by defendant, who averred that it was completed in the fall of 1872. The lien was filed November 15th 1873. At the trial…
1Opinion of the CourtJustice Gobdon
From the statement submitted to us, we learn that the mechanics’ lien, the subject of the present controversy, was not filed until sometime after the property had been sold and conveyed to Mrs. Moorehead. Previously to the sale, Baird, the vendor, had settled with the plaintiffs, and given to them his note for the work done. Afterwards Baird became insolvent and his property passed, in due course, into the hands of an assignee. As this sale to Mrs. Moore-head seems not to have been made subject to this claim of these mechanics, a duty rested upon Baird to discharge it. The plaintiffs proved…
2Cases cited2 opinions
- In Re MendenhallUnited States Bankruptcy Court, D. Oregon · 1980
- Cook v. FarringtonMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Wagner v. BurnhamSupreme Court of Pennsylvania · 1909
- Clarence Huffman Motor Co. v. Hess, Pennsylvania Court of Common Pleas, Greene County1927