Brosnan v. Trulson
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191. Trial in the Superior Court, before Aldrich, J., who overruled the petitioner’s motion to amend, and directed a verdict for the respondent; and the petitioner alleged exceptions, which were allowed by Hopkins, J. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The petitioner in filing his statement in the registry of deeds, as required by the statute, for the purpose of preserving his lien, and in making his petition on which the hearing was had, alleged by a mistake that the contract under which he performed the labor for which he claimed the lien was made with the firm of Harris and Beford, when in fact Beford was not a partner, and the contract was made with Harris alone. The judge ruled that, if the petition were amended by striking out the name of Beford, the error in the statement would be fatal to his claim, and declined to allow the…
2Cited by3 opinions
- Burrell v. WayMassachusetts Supreme Judicial Court · 1900
- Dodge v. HallMassachusetts Supreme Judicial Court · 1897
- Lays v. HurleyMassachusetts Supreme Judicial Court · 1913