Paine v. Tillinghast
Supreme Court of Connecticut
Shit to foreclose a lien for materials furnished for a building; brought, to the Superior Court in Windham County, and tried before Andrews, J. The defenses made sufficiently appear from the opinion.
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Shit to foreclose a lien for materials furnished for a building; brought, to the Superior Court in Windham County, and tried before Andrews, J. The defenses made sufficiently appear from the opinion. The following facts were found by the court:— The lot of land described in the complaint, and upon which, with the building upon it, the lien is claimed, is the separate estate of Ellen J. Tillinghast, one of the defendants, and the wife of the other defendant, Frank A. Tillinghast. She has been the owner for nearly twenty years, and during all that time Charles E. Hutchins, who is her brother,…
1Opinion of the CourtCarpenter, J.
This is a suit to foreclose a mechanic’s lien. The plaintiffs allege that the defendant Ellen J. Tillinghast was the owner of a building, and that they fur*537nished materials for repairing it under an agreement with one Hutchins, “ having authority from and rightfully acting for said defendants.” The defendants deny so much of the complaint as alleges that Hutchins had any authority from or was rightfully acting for the defendants or either of them.
The defendants, by way of defense, allege that they made a contract with Hutchins to make the repairs, and that they had in good faith paid him all…
2Cited by5 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Brittain v. Westall.Supreme Court of North Carolina · 1904
- Kinney v. BlackmerSupreme Court of Connecticut · 1887
- Galvano Type Engraving Co. v. JacksonSupreme Court of Connecticut · 1905