Palmer v. Tucker
Supreme Judicial Court of Maine
Petition for enforcing a common law lien under the provisions of c. 213 of the laws of 1856. The petitioner sets forth that he has in his possession forty thousand feet of pine boards and two thousand feet of pine logs, cut and manufactured from timber, which, at the time of the cutting and hauling and sawing of the same, was the property of Thomas Outts, but which boards and logs are now the property of Thomas M. Hayes and Gideon Tucker, as the assignees of said Outts…
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Petition for enforcing a common law lien under the provisions of c. 213 of the laws of 1856. The petitioner sets forth that he has in his possession forty thousand feet of pine boards and two thousand feet of pine logs, cut and manufactured from timber, which, at the time of the cutting and hauling and sawing of the same, was the property of Thomas Outts, but which boards and logs are now the property of Thomas M. Hayes and Gideon Tucker, as the assignees of said Outts thereof, for the benefit of his creditors, &c.; that the lien of the petitioner had accrued before the said Outts assigned as…
1Opinion of the Court
The opinion of the Court was announced by
May, J.
In view of the facts contained in the petition, as modified and assented to in the agreed statement of facts, the Court, (authorized to draw such inferences as a jury might,) are of opinion that the petitioner had a lien, as is claimed by him, which he has neither abandoned nor waived by any proceeding on his part. In addition to authorities cited by his counsel, see also Danforth v. Pratt, 42 Maine, 50.
Tenney, C. J., Cutting, Goodenow, and Davis, J. J., concurred.
2Cited by5 opinions
- Quist v. SandmanCalifornia Supreme Court · 1908
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
- Haughton v. BuschMichigan Supreme Court · 1894
- Eugene Barry & Sons v. StoneCourt of Appeals for the First Circuit · 1925
- Bennett Bros. Lumber Co. v. RobinsonCourt of Appeals for the Sixth Circuit · 1908