Legal Opinion

Continental & Commercial Trust & Savings Bank v. Corey Bros. Const. Co.

Court of Appeals for the Ninth Circuit

Decided November 17, 1913No. 2,264PublishedCited by 15 opinions

Appeal from the District Court of the United States for the Southern . Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by the Corey Brothers Construction Company and the Union Portland Cement Company against the Continental & Commercial Trust & Savings Bank and another, as trustees, to enforce liens on the Big Dost River irrigation system in Idaho. Decree for complainants, and defendants appeal.

1Opinion of the Court

GILBERT, Circuit Judge.

The appeal in this case presents the question of the priority of lien claimants upon the Big Lost River irrigation system in Idaho. The appellants are, trustees under two certain trust deeds securing bonds to the amount of $2,400,000 on the system. The appellees are mechanic’s lien claimants for work done ■and materials supplied in the construction of said system. The court below found that the mechanic’s liens were entitled to priority over the liens of the bondholders.

In June, 1909, the construction company began the construction of a dam under a contract with the Big…

2Cases cited16 opinions

  1. Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
  2. Williams v. BankheadSupreme Court of the United States · 1874
  3. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  4. Davis v. AlvordSupreme Court of the United States · 1877
  5. Sheffield Furnace Co. v. WitherowSupreme Court of the United States · 1893

11 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Title Insurance & Trust Co. v. California Development Co.California Supreme Court · 1915
  2. Penn Bridge Co. v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1915
  3. Weber v. Pend D'Oreille Mining & Reduction Co.Idaho Supreme Court · 1921
  4. Bruce Construction Corp. v. Federal Realty Corp.Supreme Court of Florida · 1932
  5. Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917

10 more not listed; retrieve them via the Exa API.

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