Welles v. Portuguese-American Bank
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank S. Dietrich, Judge.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Frank S. Dietrich, Judge. Suit by Paul I. Welles against the Portuguese-American Bank of San Francisco, the Metropolis Construction Company, the Auditor of the City and County of San Francisco., and John Daniel, the bankrupt’s trustee, to enforce a subcontractor’s lien on money due to the construction company by the city as a fourth progress payment on the price of the construction of a sewer. Judgment for the bank, and complainant, Welles, and the construction company’s trustee…
1Opinion of the CourtGidbert, Circuit Judge
(after stating the facts as above). [1] The appellant Welles contends that he is entitled to priority by virtue of his notice to withhold, which was given under section 1184 of the Code of Civil Procedure. That section provides, in substance, that a subcontractor may at any time give to the reputed owner a written notice that he has performed labor or furnished material, or both, to the contractor, which notice shall contain-, among other things, the amount and value of that which has been furnished by the subcontractor, and that upon such notice being giv.en it shall be the duty of the…
2Cases cited17 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Burck v. TaylorSupreme Court of the United States · 1894
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Portuguese-American Bank of San Francisco v. WellesSupreme Court of the United States · 1916
- State ex rel. Beckman Supply Co. v. AubryIndiana Court of Appeals · 1919