Fuller v. Nickerson
Supreme Judicial Court of Maine
On exceptions and motion. Action upon a lien claim, under R. S., c. 91, § 7, for iron furnished by plaintiffs to one Nickerson & Rideout, in building a ship.for W. H. Smith and others.
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On exceptions and motion. Action upon a lien claim, under R. S., c. 91, § 7, for iron furnished by plaintiffs to one Nickerson & Rideout, in building a ship.for W. H. Smith and others. The writ bears date December 16, 1876, and (leaving out the immaterial parts) reads as follows: “We command you to attach ship or vessel now on the stocks at Calais, building by one Nickerson & Rideout of Orringtoh for the owners, and summon all persons interested, in the manner directed by law, to appear before our justices, etc., then and there to answer, etc., to Robert O. Fuller of-, Eustace C. Fitz of ——,…
1Opinion of the CourtDanforth, J.
By R. S., c. 91, § 7, it is provided that “ any person who furnishes labor or materials for building a vessel shall have a lien on it therefor, which may be enforced by attachment thereof, within four days after it is launched.” Upon this provision, and this alone, the plaintiffs rely for the validity of the lien sought to be enforced in this case.
At the trial there was testimony tending to show that the defendants, Nickerson & Rideout, to whom the materials in-question were sold and delivered, were ship-builders doing a general business in building and repairing vessels ; that, from January…
2Cases cited1 opinion
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- American Trust Co. v. W. & A. Fletcher Co.Court of Appeals for the First Circuit · 1909
- Berwind-White Coal Mining Co. v. Metropolitan S. S. Co.U.S. Circuit Court for the District of Maine · 1908
- College Court Realty Co. v. J. C. Letcher Lumber Co.Supreme Court of Alabama · 1917
- J. F. Hodgkins Company (1), Kingman Marine Construction, Inc. (2), and Palmer & Parker Co. (3) v. The United StatesUnited States Court of Claims · 1963
- Howard v. City of SacoSupreme Judicial Court of Maine · 1959