Hinckley & Egery Iron Co. v. James
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill, which was brought to enforce a mechanic’s lien, alleged that in March and April, 1874, the orator entered into certain contracts with defendant James, who then resided in Boston and owned a steam saw-mill in Norton, whereby it was agreed that the orator should put a new steam engine and a gang of saws, with shafts, belts, pulleys, &c., into said mill, enlarge the boilers therein, and furnish all material and perform all- labor…
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Appeal from the Court of Chancery. The bill, which was brought to enforce a mechanic’s lien, alleged that in March and April, 1874, the orator entered into certain contracts with defendant James, who then resided in Boston and owned a steam saw-mill in Norton, whereby it was agreed that the orator should put a new steam engine and a gang of saws, with shafts, belts, pulleys, &c., into said mill, enlarge the boilers therein, and furnish all material and perform all- labor necessary therefor, and that the defendant should pay therefor 17,028.87 on completion of the work, and 16,400.58 in six…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The bill in this case was brought to enforce a mechanic’s lien. The contract which the orator made for doing the labor and furnishing the materials for which they claim to have a lien, was made with the defendant James while he was in possession of the premises upon which the labor was bestowed, and in doing which the materials were furnished. The premises were then mortgaged for more than their value, and the mortgages were owned by the defendant Stetson. The defendant James filed a disclaimer, and the bill as to him was, by consent of the…
2Cases cited1 opinion
- Kenny v. GageSupreme Court of Vermont · 1860
3Cited by6 opinions
- Glinka v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)District Court, D. Vermont · 1991
- Goodro v. TarkeySupreme Court of Vermont · 1941
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- T. A. Haigh Lumber Co. v. DrinkwineSupreme Court of Vermont · 1972
- Fletcher, Crowell Co. v. ChevalierSupreme Judicial Court of Maine · 1911
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