Legal Opinion

Couper v. Gaboury

Court of Appeals for the Fifth Circuit

Decided May 21, 1895No. 362PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Southern District of Florida. This was a suit by Gaboury, Armstrong & Co., contractors (J. King joining as assignee of the account), against the Arcadia, Gulf Coast & Lakeland Railroad Company and the De Sota County Bank, as mortgagee of the railroad company, to enforce a lien alleged to arise under a construction contract.

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Appeal from the Circuit Court of the United States for the Southern District of Florida. This was a suit by Gaboury, Armstrong & Co., contractors (J. King joining as assignee of the account), against the Arcadia, Gulf Coast & Lakeland Railroad Company and the De Sota County Bank, as mortgagee of the railroad company, to enforce a lien alleged to arise under a construction contract. Numerous parties intervened, setting up claims against the railroad company, and the cause was referred to a special master. The master, among other things, found in favor of the lien set up by complainants, and an…

1Per curiam

The question raised on this appeal is whether the act of June 3, 1887 (chapter 3747 of the Laws of Florida), gives to a contractor a lien upon a railroad upon which he has under contract furnished work and labor. We concur with the ruling and opinion of the court below in favor of such lien, and the decree appealed from is therefore affirmed.

2Cited by7 opinions

  1. Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
  2. Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
  3. Gallagher v. CampodonicoAppellate Division of the Superior Court of California · 1931
  4. London & L. Fire Ins. v. FischerCourt of Appeals for the Sixth Circuit · 1899
  5. Norman & Co. v. EdingtonTennessee Supreme Court · 1905

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