New England Car Spring Co. v. Baltimore & Ohio Rail Road
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. This was a scire facias upon a mechanics’ lien, filed by the appellant against fifty cars or coal hoppers, and against Scott & Bolster and the appellee, the owners or reputed owners thereof, claiming the sum of $>2278.80 for materials furnished and used in the construction of the same. Plea, non assumpsit. Exception.
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Appeal from the Superior Court of Baltimore city. This was a scire facias upon a mechanics’ lien, filed by the appellant against fifty cars or coal hoppers, and against Scott & Bolster and the appellee, the owners or reputed owners thereof, claiming the sum of $>2278.80 for materials furnished and used in the construction of the same. Plea, non assumpsit. Exception. By a statement of facts it was admitted, that the plaintiffs, a corporation of New York, sold and delivered to Scott & Bolster, machinists of the city of Baltimore, two hundred car rubber springs for $2278.80, which still remains…
1Opinion of the CourtBartou, J.
The question presented for decision by this appeal is, whether certain “coal cars” described in the statement of facts found in the record, are the subject of mechanics’ lien, under the provisions of the act of 1845, ch. 176, and involves the construction of that act, and of the act of 1838, ch. 205, to which it is a supplement.
Although those acts have been the subject of several adjudications in this court, the question presented by the record has not before been directly decided. In the case of Wells & Miller vs. The Canton Company, 3 Md. Rep., 241, and the case of Denmead vs. The Bank of…
2Cases cited2 opinions
- Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
- Denmead v. Bank of BaltimoreCourt of Appeals of Maryland · 1856
3Cited by10 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Hicks v. KrigbaumArizona Supreme Court · 1910
- Black v. Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1948
- Austin v. StateIndiana Court of Appeals · 1899
- Shellabarger v. Board of CommissionersSupreme Court of Kansas · 1893
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