Legal Opinion

Callahan v. Aetna Indemnity Co.

Washington Supreme Court

Decided December 21, 1903No. 4731PublishedCited by 3 opinions

Appeal from a judgment of the superior court for Pierce county, Huston, J., entered February 7, 1903, upon tbe findings and decision of tbe court, dismissing a cross complaint for a lien against a ship after a trial on tbe merits; and also from an order entered February 9, 1903, discharging tbe receiver of tbe vessel.

1Opinion of the CourtMount, J.

This is an action to foreclose a lien for materials used in the construction of the barkentine “John C. Meyer.” The trial court found that the materials used, and for which appellant claims a lien, were not furnished for the construction of said vessel, and therefore denied the lien. The undisputed facts are substantially as follows: On the 26th day of December, 1901, appellant purchased a certain lot of personal property, consisting of lumber, copper, yellow metal, spikes, iron and clinch rings, and other materials useful for construction of wooden vessels. This material was then situated…

2Cases cited3 opinions

  1. Heald v. HodderWashington Supreme Court · 1893
  2. Eisenbeis v. WakemanWashington Supreme Court · 1892
  3. Whittier v. Puget Sound Loan, Trust & Banking Co.Washington Supreme Court · 1892

3Cited by3 opinions

  1. McCreery v. CarterWashington Supreme Court · 1913
  2. Erickson v. PericaWashington Supreme Court · 1920
  3. Thompson v. AllenWashington Supreme Court · 1910

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