Benbow v. James Johns
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Slater. This is an action by Charles A. Benbow to enforce, under the boat lien law of this State, a lien against the ferryboat, James Johns, for material and labor used in its construction by Bilyeu & Herstel, contractors of the owner, the St. Johns Transportation Company, a corporation.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Slater. This is an action by Charles A. Benbow to enforce, under the boat lien law of this State, a lien against the ferryboat, James Johns, for material and labor used in its construction by Bilyeu & Herstel, contractors of the owner, the St. Johns Transportation Company, a corporation. The labor and material are 'alleged to be of the agreed price of $1,512.99, which became due July 7, 1907, and has not been paid. An action was brought first against the boat, the owner, and David Herstel, one of the firm of Bilyeu &…
1Opinion of the CourtJustice Slater
1. It is sought by the first separate defense to resist plaintiff’s right to a lien, on the ground that the boat is *558the property of a quasi public corporation, is necessary to the carrying out of the public purpose for which the corporation was established, and, therefore, impressed with a public use. As a general rule the property of a quasi public corporation, affected with a public use and necessary to the performance thereof, is not subject to a mechanic’s lien. 27 Cyc. 26; Am. & Eng. Enc. Law (2ed.) 296.
2. As to what constitutes a quasi public corporation, and as to when the property of…
2Cases cited14 opinions
- The SirenSupreme Court of the United States · 1869
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Handley v. JacksonOregon Supreme Court · 1897
- Marean v. StanleyColorado Court of Appeals · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Associated Oil Co. v. EdgertonOregon Supreme Court · 1938
- Kollock & Co. v. LeydeOregon Supreme Court · 1915
- Horst v. Columbia Contract Co.Oregon Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.