Van Billiard's Administrators v. Nace
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county. Scire facias upon a mechanic’s claim for materials. Pleas— 1. Payment with leave. 2. That plaintiffs did not furnish the materials on the credit of the building, but on the credit of David Yan Billiard, the defendants’ intestate. 3. That when the materials were sold to David Yan Billiard, he was tenant at will under his father, Henry Van Billiard, who was tenant for life, and yet living, and that David was not…
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Error to the Court of Common Pleas of Northampton county. Scire facias upon a mechanic’s claim for materials. Pleas— 1. Payment with leave. 2. That plaintiffs did not furnish the materials on the credit of the building, but on the credit of David Yan Billiard, the defendants’ intestate. 3. That when the materials were sold to David Yan Billiard, he was tenant at will under his father, Henry Van Billiard, who was tenant for life, and yet living, and that David was not entitled to any interest in the premises when the materials were furnished. On the trial, plaintiffs offered in evidence the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
— We do not understand any of the pleas of the defendant below, as traversing the principal allegation of the plaintiff’s case ; that the lumber specified in the claim, as filed, was furnished for the construction of the house, against which the lien is sought to be enforced. If they were so furnished, then, of course, it was on the faith of all the remedies which the law provides for such a case, unless something appears to show a contrary intent. The first plea is payment, which admits the claim. We understand the second to mean that the…
2Cited by4 opinions
- Pittsburg v. WalterSupreme Court of Pennsylvania · 1871
- Waldron v. AnglemanSupreme Court of New Jersey · 1904
- Weaver v. LutzSupreme Court of Pennsylvania · 1883
- Prutzman v. BushongSupreme Court of Pennsylvania · 1877