Caldwell v. Lawrence
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced by Eben E. Caldwell against Judah M. Lawrence, to enforce a lien for lumber furnished by Lansing Bicknell, a lumber merchant, to Lawrence, and used in the construction of a dwelling house.
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APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced by Eben E. Caldwell against Judah M. Lawrence, to enforce a lien for lumber furnished by Lansing Bicknell, a lumber merchant, to Lawrence, and used in the construction of a dwelling house. The amount had béen determined between Bicknell and Lawrence, and a note for $71 51 given for its payment; and Bick-nell filed his lien under the statute for the amount; but before suit brought, assigned the note to Caldwell, who now brings this suit. To the complaint filed there was a general demurrer. This demurrer was overruled, and…
1Opinion of the Court
By the Court,
Paine, J.
Without attempting to determine any of the other questions discussed in the briefs of counsel, we think so much of the judgment as is appealed from, must be reversed, for the following reason: It was a proceeding to *332enforce a lumber merchant’s lien, prosecuted by the respondent in his own name, he being an assignee of the claim. And we have come to the conclusion that such a lien is not assignable, so as to enable the assignee to prosecute the claim in his own name, and avail himself of the lien given by the statute to mechanics and material men. There is nothing in the…
2Cases cited1 opinion
- Thorne v. DeasNew York Supreme Court · 1809
3Cited by16 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Mills v. La Verne Land Co.California Supreme Court · 1893
- Tewksbury v. BronsonWisconsin Supreme Court · 1880
- Gardner v. Le FevreMichigan Supreme Court · 1914
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