R. M. Rose & Co. v. Gray
Supreme Court of Georgia
Certiorari. Stone-cutter’s Lien. Decided by Judge Pope. Fulton Superior Court. May Term, 1869. On the 2nd of July, 1867, Gray, made and delivered to A. F. Rurnett & Brother a marble counter-top,, at the agreed price of $84 50. A. F. Burnett & Brother afterwards paid Gray thereon $51 50. While the balance was due, A. F. Burnett & Brother sold and delivered it to R. M. Rose & • Company, who purchased it without any nptice of the lien of Gray, so far as the record shows.
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Certiorari. Stone-cutter’s Lien. Decided by Judge Pope. Fulton Superior Court. May Term, 1869. On the 2nd of July, 1867, Gray, made and delivered to A. F. Rurnett & Brother a marble counter-top,, at the agreed price of $84 50. A. F. Burnett & Brother afterwards paid Gray thereon $51 50. While the balance was due, A. F. Burnett & Brother sold and delivered it to R. M. Rose & • Company, who purchased it without any nptice of the lien of Gray, so far as the record shows. On the 4th of April, 1868, while R. M. Rose & Company were in possession qí ‘ said counter-top, Gray filed his petition…
1Opinion of the CourtWarner, J.
The lien of a stone and marble cutter,' under the 1974th section of the Code, can be enforced for the work done and .materials furnished, as against- the parties to whom an article in their line of business is sold and delivered, and those claiming under them, with notice of the lien; but a stone and marble cutter’s lien cannot be enforced against third persons who are bona fide purchasers of articles made by them in their line of business, without notice of the stone and marble cutter’s lien thereon. There is no evidence, in the record, that Rose & Company, who purchased the " marble…
2Cited by3 opinions
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- Thornton v. CarverSupreme Court of Georgia · 1888
- Farmers & Merchants Bank v. ReddenCourt of Appeals of Georgia · 1916