McDowell v. Rockwood
Massachusetts Supreme Judicial Court
Three petitions, filed respectively December 20,1895, January 30, 1896, and February 4, 1896, to enforce mechanics’ liens for labor and materials furnished under contracts made with the respondent Rockwood and used in the erection of a certain building on Capen Street in that part of Boston called Dorchester.
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Three petitions, filed respectively December 20,1895, January 30, 1896, and February 4, 1896, to enforce mechanics’ liens for labor and materials furnished under contracts made with the respondent Rockwood and used in the erection of a certain building on Capen Street in that part of Boston called Dorchester. In the Superior Court the cases were tried before Richardson, J. The respondent Rockwood was defaulted and the suits were defended by the respondent Conant claiming title under a mortgage given to him by Rockwood and subsequently foreclosed. It appeared that after the making of the three…
1Opinion of the CourtKnowlton, J.
These are three petitions to enforce mechanics’ liens. The claims in two of them are for labor and materials furnished in the erection of a building under an entire contract, for- a stated price, and the other is for materials only. The contracts were with a person who was not the owner when they were made, nor during the early part of the time while they were being performed, although he has since become the owner. He has been defaulted in these suits, and the party now defending is a mortgagee who took his title after the contract's were made, and after performance of them was begun, but…
2Cases cited5 opinions
- Whiting v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1880
- Angier v. Bay State Distilling Co.Massachusetts Supreme Judicial Court · 1901
- Courtemanche v. Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- French v. HusseyMassachusetts Supreme Judicial Court · 1893
- Anderson v. BergMassachusetts Supreme Judicial Court · 1899
3Cited by7 opinions
- Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
- Village of Glencoe v. JacksonAppellate Court of Illinois · 1968
- Rochford v. RochfordMassachusetts Supreme Judicial Court · 1905
- Allis-Chalmers Co. v. Central Trust Co.Court of Appeals for the First Circuit · 1911
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