Bates v. Emery
Massachusetts Supreme Judicial Court
Petition, under the Gen. Sts. c. 151, §§ 12, 13, to enforce a mechanic’s lien against a boat called the Triumph. The respondent was defaulted, and Jonathan C. Small and George A. Taylor appeared as claimants. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The boat in question did not exceed five tons, old measurement, and was sloop-rigged.
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Petition, under the Gen. Sts. c. 151, §§ 12, 13, to enforce a mechanic’s lien against a boat called the Triumph. The respondent was defaulted, and Jonathan C. Small and George A. Taylor appeared as claimants. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The boat in question did not exceed five tons, old measurement, and was sloop-rigged. There was no evidence that she had ever been licensed or enrolled. Her hull, spars and rigging were built, in the winter of 1879, by Jonathan C. Small, who was a boat-builder,…
1Opinion of the CourtC. Allen, J.
In order to create a lien upon a vessel, the labor must have been performed or the materials furnished by virtue of a contract, expressed or implied, with the owners, or with the agents, contractors or sub-contractors of such owners, or some one of them, or with some person having been employed to construct, repair or launch such vessel, or to assist them. The contract of Emery with the petitioners for the making of the sails did not fall within this description. He did not stand in any such relation to the owners as the-statute contemplates; and they are not estopped to set up the true…
2Cited by2 opinions
- The IrisCourt of Appeals for the First Circuit · 1900
- Winston & Co. v. Clark County Construction Co.Court of Appeals of Kentucky · 1920