Hoagland v. Lusk Bros.
Nebraska Supreme Court
Appeal from the district court for Saline county. Heard below before Morris, J. If security and note are taken expressly as payment, a lien for the account is lost, notwithstanding the statute. ('McCoy v. Quick, 30 Wis., 521; Crooks v. Finney, 39 O. St., 57; Rose v. Persse, 29 Conn., 256; 2 Jones, Liens, 1518, 1519.) Security accepted as payment waives the lien. (Kinzeyv.
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Appeal from the district court for Saline county. Heard below before Morris, J. If security and note are taken expressly as payment, a lien for the account is lost, notwithstanding the statute. ('McCoy v. Quick, 30 Wis., 521; Crooks v. Finney, 39 O. St., 57; Rose v. Persse, 29 Conn., 256; 2 Jones, Liens, 1518, 1519.) Security accepted as payment waives the lien. (Kinzeyv. Thomas, 28111., 502) 2Jones,Liens, 1518, 1519.) cited : Wheeler v. Plattsmouth, 7 Neb., 279; Webster v. Wray, 17 Id., 581; Wilson v. Beardsley, 20 Id., 451; Stadleman v. Fitzgerald, 14 Id., 293.
1Opinion of the CourtNorval, J.
This suit was brought in the court below by the appellee to foreclose a mechanic’s lien. Cross-petitions were filed by E. I. Ferguson and the Combination Gas Machine Company. A decree of foreclosure was entered which gave E. I. Ferguson a first lien for the sum of $2,566.87, and the plaintiff a second lien for the sum of $363.64. The cross-petition of the Combination Gas Machine Company was dismissed. The defendant Henry S. Ferguson appeals from so much of the decree as allowed to plaintiff a mechanic’s lien.
The appellant insists that the plaintiff was not entitled to. a mechanic’s lien…
2Cases cited2 opinions
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Van Court v. BushnellIllinois Supreme Court · 1859
3Cited by7 opinions
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Clark v. HueyIndiana Court of Appeals · 1895
- Chapman v. BrewerNebraska Supreme Court · 1895
- Union Stock Yards State Bank v. BakerNebraska Supreme Court · 1894
- I. Smith & Son Co. v. ParsonsNebraska Supreme Court · 1893
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