Combination Steel & Iron Co. v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J., presiding, refusing a new trial after judgment ordered for defendant in an action to enforce against defendant’s railway a lien for material (steel rails) to the amount of $3,349.57, furnished by plaintiff to the New York Cable Eailway Construction Company for use, and used by it, in the construction of one of defendant’s lines of railway.
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Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J., presiding, refusing a new trial after judgment ordered for defendant in an action to enforce against defendant’s railway a lien for material (steel rails) to the amount of $3,349.57, furnished by plaintiff to the New York Cable Eailway Construction Company for use, and used by it, in the construction of one of defendant’s lines of railway. The answer pleaded, among other things, payment by the railway construction company to the plaintiff.
1Opinion of the CourtVanderburgh, J.
The plaintiff sold and delivered to the New York Cable Construction Company a certain quantity of steel rails used by the latter in the construction, of defendant’s railway, and claims a *208lien for a balance due, upon the works and structures of the railway company. The material in question was all delivered and used by the defendant, and was settled for by the construction company, end receipted for in general terms by the plaintiff. At the trial the receipts were introduced, and thereupon it was shown that, instead of being paid in money, the plaintiff received the note of the construction…
2Cases cited4 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- The KimballSupreme Court of the United States · 1866
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Eastman v. PorterWisconsin Supreme Court · 1861
3Cited by13 opinions
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
- Holden v. Farwell, Ozmun, Kirk & Co.Supreme Court of Minnesota · 1947
- McDonald Bros. v. KoltesSupreme Court of Minnesota · 1923
- Combination Steel & Iron Co. v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
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