Boston Furnace Co. v. Dimock
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien against Joseph C. Dimock, the Boston Five Cents Savings Bank, Estelle M. and Andrew A. Meyer, George L. Wentworth, and John A. Noonan, for labor and materials furnished in the erection of certain buildings. The respondent Dimock was the owner, and the respondent Savings Bank and Estelle M. and Andrew A. Meyer were mortgagees of the property on which the lien was claimed.
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Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien against Joseph C. Dimock, the Boston Five Cents Savings Bank, Estelle M. and Andrew A. Meyer, George L. Wentworth, and John A. Noonan, for labor and materials furnished in the erection of certain buildings. The respondent Dimock was the owner, and the respondent Savings Bank and Estelle M. and Andrew A. Meyer were mortgagees of the property on which the lien was claimed. The respondents Wentworth and Noonan were the assignees in insolvency of Dimock, under an assignment made after the certificate of lien was filed in the…
1Opinion of the CourtHolmes, J.
In the opinion of a majority of the court, there was no evidence that the portable ranges for which the lien is claimed “were to be furnished as parts of the several houses in which they were put,” or were “ applied so as to constitute parts of the buildings,” within the meaning of Turner v. Wentworth, 119 Mass. 459, 465. See Dimmick v. Cook, 115 Penn. St. 573; Schaper v. Bibb, 71 Md. 145. In the opinion of Mr. Justice Knowlton and of Mr. Justice Lathrop there was evidence, and the case should have been sent to a jury. I concur in that opinion, if the question what would pass as between…
2Cases cited2 opinions
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Schaper v. BibbCourt of Appeals of Maryland · 1889
3Cited by10 opinions
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Kennedy v. CommonwealthMassachusetts Supreme Judicial Court · 1903
- Jennings v. VaheyMassachusetts Supreme Judicial Court · 1903
- American Casting Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1931
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