Kennedy v. Commonwealth
Massachusetts Supreme Judicial Court
Bill in equity, filed in November, 1901, under Pub. Sts. c. 16, § 64, (B. L. c. 6, § 77,) to enforce a claim, against funds retained by the Commonwealth under a contract made by the metropolitan water board with one McNeil, for the price of lumber furnished to the defendants Harries and Letteney, subcontractors, who agreed to furnish the material for and to construct all the concrete foundations and arches required under McNeil’s contract with the Commonwealth for the…
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Bill in equity, filed in November, 1901, under Pub. Sts. c. 16, § 64, (B. L. c. 6, § 77,) to enforce a claim, against funds retained by the Commonwealth under a contract made by the metropolitan water board with one McNeil, for the price of lumber furnished to the defendants Harries and Letteney, subcontractors, who agreed to furnish the material for and to construct all the concrete foundations and arches required under McNeil’s contract with the Commonwealth for the construction of a pumping station and gate house at Spot Pond in Stoneham. In the Superior Court the case came on to be heard…
1Opinion of the CourtKnowlton, C. J.
The plaintiffs bring this bill in equity under the Pub. Sts. c. 16, § 64, to enforce a claim for the price of lumber furnished to the defendants Harries and Letteney, for use in the construction of a pumping station and gate house at Spot Pond, Stoneham, by the Commonwealth. That such a suit may be maintained, if the petitioners have a claim that might be a subject of a mechanic’s lien if the structure belonged to a private owner, is established by the case of Nash v. Commonwealth, 174 Mass. 335. The question in the present case grows out of the fact that the lumber did not enter into the…
2Cases cited5 opinions
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893
- Boston Furnace Co. v. DimockMassachusetts Supreme Judicial Court · 1893
3Cited by17 opinions
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
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