Legal Opinion

Minneapolis Trust Co. v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided October 25, 1898No. Nos. 11,223—(85)PublishedCited by 12 opinions

Action in the district court for Kandiyohi county to foreclose a mechanic’s lien. The cause was tried before Powers, J., without ■a jury, and judgment was ordered in favor of defendants. From an order denying plaintiff’s motion for a new trial, it appealed.

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Action in the district court for Kandiyohi county to foreclose a mechanic’s lien. The cause was tried before Powers, J., without ■a jury, and judgment was ordered in favor of defendants. From an order denying plaintiff’s motion for a new trial, it appealed. Respondents, having induced Ring & Tobin to furnish these .additional stones on February 18, 1892, claiming that they were bound to do so in order to fulfil their contract, ought now to be es-topped from claiming that the last item of stone was furnished on December 4, 1891, and that the lien was not filed in time. National v. O’Reilly, 85…

1Opinion of the CourtCanty, J.

This is an action to foreclose a mechanic’s lien, and the court "below held that plaintiff is not entitled to relief because the lien statement was not filed within the statutory time.

The defendant railway companies erected a brick and stone passenger railway station on land owned by them. The contract to *32erect the same was let to one Maxfield, and he entered into a contract with Ring & Tobin, whereby they agreed to furnish the cut stone for the building. They furnished the stone in conformity with both contracts and with the plans and specifications of the architect. According to these, the…

2Cases cited5 opinions

  1. McIntyre v. TrautnerCalifornia Supreme Court · 1883
  2. St. Louis National Stock Yards v. O'ReillyIllinois Supreme Court · 1877
  3. Jeffersonville Water Supply Co. v. RiterIndiana Supreme Court · 1894
  4. Shaw v. FjellmanSupreme Court of Minnesota · 1898
  5. Scheible v. SchicklerSupreme Court of Minnesota · 1896

3Cited by12 opinions

  1. Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
  2. Rieflin v. GraftonWashington Supreme Court · 1911
  3. Barrett v. HampeSupreme Court of Minnesota · 1952
  4. Hubbard v. LeeCalifornia Court of Appeal · 1907
  5. Frederick County National Bank v. DunnCourt of Appeals of Maryland · 1915

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