Williams v. Weihbaum
Massachusetts Supreme Judicial Court
Petition- to enforce a mechanic’s lien brought by Richard C. Williams for the benefit of William K. Pinkham, for labor and materials furnished by Williams under a contract with one Rudnick, filed December 30, 1899. The case was defended by the respondent John P. Webber, a mortgagee of the land and building on which the lien was sought to be enforced.
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Petition- to enforce a mechanic’s lien brought by Richard C. Williams for the benefit of William K. Pinkham, for labor and materials furnished by Williams under a contract with one Rudnick, filed December 30, 1899. The case was defended by the respondent John P. Webber, a mortgagee of the land and building on which the lien was sought to be enforced. At the trial in the Superior Court, before Q-aslcill, J., it was admitted that the certificate was filed December 18, 1899, and that the description of the property therein contained was sufficient and'the name of the owner correct. It was not…
1Opinion of the CourtMorton, J.
This is a petition to enforce a mechanic’s lien for labor, and is defended by the mortgagee alone. It is admitted that the labor for which a lien is claimed by the petitioner was performed and furnished by him under his contract with Rudnick. The mortgagee contends that the petitioner is not entitled to a lien, because there was nothing due him when he filed the certificate of lien. His contention is, in substance, that the petitioner assigned the contract to Pinkham; that Rudnick assented and agreed'to the assignment; that the petitioner ceased to have any interest in the contract; and that…
2Cited by4 opinions
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
- Barry v. DuffinMassachusetts Supreme Judicial Court · 1935
- Moore v. DuganMassachusetts Supreme Judicial Court · 1901