Janvrin v. Powers
Supreme Court of New Hampshire
Assumpsit, on the common counts with an account annexed for lumber and supplies. Robinson Bros, defaulted, and the case was submitted to the jury only against Powers. There was an attachment in the suit to secure a lien for the plaintiff on the property of Powers. Robinson Bros, took a contract to build a bungalow for Powers and the materials specified in the account annexed to the writ were furnished by the plaintiff and used in its construction.
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Assumpsit, on the common counts with an account annexed for lumber and supplies. Robinson Bros, defaulted, and the case was submitted to the jury only against Powers. There was an attachment in the suit to secure a lien for the plaintiff on the property of Powers. Robinson Bros, took a contract to build a bungalow for Powers and the materials specified in the account annexed to the writ were furnished by the plaintiff and used in its construction. The plaintiff did not give to Powers a written notice that he should claim a lien. Trial by jury. The issues submitted were whether the plaintiff…
1Opinion of the CourtPlummer, J.
The defendant’s motion for a nonsuit was based upon the following grounds: That if any promise was shown on the part of the defendant, it was simply a collateral promise to pay the debt of another, and further that no notice in writing was given him, as required by statute. No grounds are set forth upon which the defendant relied in his motion for a directed verdict, but it is assumed they were the same as for the nonsuit. The plaintiff is seeking in this case to establish a lien upon the defendant’s property. The defendant’s position, as disclosed by these motions, is that as the promise…
2Cases cited7 opinions
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Clifford v. LuhringIllinois Supreme Court · 1873
- Moshier v. Kitchell & ArnoldIllinois Supreme Court · 1877
- Larson v. JensenMichigan Supreme Court · 1884
- Pettit v. BradenIndiana Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Welch v. HumphreyCourt of Appeals of Maryland · 1952
- Foley Lumber Co. v. KoesterSupreme Court of Florida · 1952
- Stinson v. Maine Central RailroadSupreme Court of New Hampshire · 1925
- Koren v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1921