Frost v. Ilsley
Supreme Judicial Court of Maine
ON Facts Agreed. Assumpsit, commenced during his lifetime, against John M. Wood, (now deceased, and upon whose estate the defendant is administrator,) "for labor done and performed, and for materials furnished by the plaintiffs for said Wood, at his request, in the erection of a hotel on Middle, Silver and Willow streets, in Portland, for which labor and materials, so performed and furnished, the plaintiffs claim and have a lien upon the said building, and to enforce which…
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ON Facts Agreed. Assumpsit, commenced during his lifetime, against John M. Wood, (now deceased, and upon whose estate the defendant is administrator,) "for labor done and performed, and for materials furnished by the plaintiffs for said Wood, at his request, in the erection of a hotel on Middle, Silver and Willow streets, in Portland, for which labor and materials, so performed and furnished, the plaintiffs claim and have a lien upon the said building, and to enforce which lien this suit is brought,” &c. The writ is dated Sept. 9, 1862. Wood died Dec. 24, 1864, and his estate was duly…
1Opinion of the CourtBarrows, J.
John M. Wood, the original defendant in-this action, is dead, and his estate has been duly represented insolvent, and commissioners of insolvency have been appointed to examine the claims against the estate.
The case may, notwithstanding this, proceed to judgment, at all events, under R.S.,§ 17, c. 66 ; and as it is admitted, by the administrator, that a certain sum was due from Wood to the plaintiffs, and the plaintiffs claim to recover no more than that amount, judgment is to be rendered for the plaintiffs as upon a default, for the sum thus agreed upon.
It is to be determined under the…
2Cases cited1 opinion
- Ramsdell v. CreaseyMassachusetts Supreme Judicial Court · 1813
3Cited by12 opinions
- John S. Hanes & Co. v. WadeyMichigan Supreme Court · 1889
- City of Chelsea v. DolanCourt of Appeals for the First Circuit · 1928
- Garneau v. Port Blakely Mill Co.Washington Supreme Court · 1894
- National Bank v. WilliamsSupreme Court of Florida · 1896
- Waters v. Dixie Lumber & Manufacturing Co.Supreme Court of Georgia · 1899
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