Murphy v. Morton
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 234 October Term 1890, Sup. Ct.; court below, No. 663 September Term 1890, C. P. No. 1. On August 27, 1890, a writ was served in scire facias sur mechanics’ lien filed by one Murphy and another, partners as Murpby & Diebold, against Mary I. Morton, owner or reputed owner, and Edward McLaughlin, contractor, for $2,377.66, for work and materials done and furnished for the erection of two…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 234 October Term 1890, Sup. Ct.; court below, No. 663 September Term 1890, C. P. No. 1. On August 27, 1890, a writ was served in scire facias sur mechanics’ lien filed by one Murphy and another, partners as Murpby & Diebold, against Mary I. Morton, owner or reputed owner, and Edward McLaughlin, contractor, for $2,377.66, for work and materials done and furnished for the erection of two contiguous dwelling-houses, at the instance and request of said Edward McLaughlin. On September 15, 1890, Mary I. Morton filed…
1Opinion of the Court
Per Curiam':
This case is not ruled by Schroeder v. Galland, 134 Pa. 277. *347The point decided in that case was that a sub-contractor stands in the shoes of his contractor, and cannot file a lien when he could not. In this case, there was no agreement by the contractor not to file a lien. What he did agree to was this: “ Before the last or final payment shall be due or payable, the party of the second part (contractor) shall furnish the party of the first part with releases from sub-contractors and material-men, and from any and all persons having a right of lien against the said houses, or the…
2Cases cited1 opinion
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
3Cited by4 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Smith v. LevickSupreme Court of Pennsylvania · 1893
- Bithell v. DivenSuperior Court of Pennsylvania · 1901