Legal Opinion
Cudworth v. Bostwick
Supreme Court of New Hampshire
Decided December 5, 1898PublishedCited by 6 opinions
Assumpsit, to enforce a sub-contractor’s lien. Facts found by a referee. Bostwick & Turner, the contractors, employed the plaintiffs to erect a building upon land of the Lime Rock National Bank. There was never anything due to the principal contractors. After notice of the sub-contractor’s claim, the owner, as an accommodation and not because it was due under the contract, paid the principal contractors two hundred dollars,
1Opinion of the CourtPeaslee, J.
“ If a person shall ... perform labor or furnish materials . . . for erecting ... a house or other buildings, . . ,. by virtue of a contract with the owner thereof, he shall have a lien thereon.” P. S., c. 141, s. 10. “ If a person shall . . . perform labor or furnish materials . . . for any of the purposes specified in the three preceding sections, by virtue of a contract with an agent, contractor, or sub-contractor of the owner, he shall have the same lien as provided in said sections, provided he gave notice in writing to the owner or to the person having charge of the property.” lb., s.…
2Cases cited1 opinion
- John Spry Lumber Co. v. Sault Savings Bank Loan & Trust Co.Michigan Supreme Court · 1889
3Cited by6 opinions
- Westinghouse Electric Supply Co. v. Electromech, Inc.Supreme Court of New Hampshire · 1979
- National Supply Co. v. WeaverWyoming Supreme Court · 1926
- American Bridge Co. v. United States Fidelity & Guaranty Co.Supreme Court of New Hampshire · 1934
- Russell v. WoodburySupreme Court of New Hampshire · 1992
- East End Bank v. Joseph A. Childress, Joseph A. Childress v. East End BankCourt of Appeals for the Fifth Circuit · 1963
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