Legal Opinion

Lundell v. Ahlman

Supreme Court of Minnesota

Decided April 24, 1893PublishedCited by 6 opinions

Appeal by defendant, the Scottish-American Mortgage Company, (Limited,) from an order of the District Court of Hennepin County, Charles M. Pond, J., made April 15, 1892, granting a new trial. The plaintiff, Louis Lundell, commenced this action to foreclose a mechanic’s lien upon two houses in Minneapolis. He made all other lien claimants and the owner, Charles Ahlman, parties defendant.

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Appeal by defendant, the Scottish-American Mortgage Company, (Limited,) from an order of the District Court of Hennepin County, Charles M. Pond, J., made April 15, 1892, granting a new trial. The plaintiff, Louis Lundell, commenced this action to foreclose a mechanic’s lien upon two houses in Minneapolis. He made all other lien claimants and the owner, Charles Ahlman, parties defendant. He also made the Scottish-American Mortgage Company (Limited) a defendant, as it had taken mortgages upon the property August 15, 1890, which under the decisions of this court were second and junior to…

1Opinion of the CourtGileillan, C. J.

The preponderance of the evidence in this case was not so manifestly and palpably in favor of the findings that, within the rule of decision of this court in such cases, we can reverse the order granting a new trial. It seems conceded that, if the item of storm sash delivered as toi one of the houses on December 26th, and of storm sash and transoms delivered as to the other *58December 6th, belonged in and were part of the account with the other items delivered for each house, — that is, if they came within and were delivered pursuant to the same agreement or arrangement to furnish material for…

2Cited by6 opinions

  1. Coughlan v. LonginiSupreme Court of Minnesota · 1899
  2. Villaume Box & Lumber Co. v. CondonSupreme Court of Minnesota · 1920
  3. Doyle v. WagnerSupreme Court of Minnesota · 1907
  4. Willcox Boiler Co. v. MessierSupreme Court of Minnesota · 1941
  5. Lampert Lumber Co. v. JeppesonSupreme Court of Minnesota · 1926

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