Taylor v. Ely
Supreme Court of Connecticut
This was a bill in chancery brought by Edwin Taylor and James Bartholomew, partners under the name of E. Taylor & Co., for a foreclosure of a mechanics lien upon a dwelling house built for Ely & Co., the principal defendants, under a contract between said Ely & Co., and one Benjamin S„ Withey, which lien the plaintiffs claimed to hold under an assignment from Withey.
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This was a bill in chancery brought by Edwin Taylor and James Bartholomew, partners under the name of E. Taylor & Co., for a foreclosure of a mechanics lien upon a dwelling house built for Ely & Co., the principal defendants, under a contract between said Ely & Co., and one Benjamin S„ Withey, which lien the plaintiffs claimed to hold under an assignment from Withey. The cause was referred to a committee, who at the term of the superior court holdenin Hartford, in January 1855, made their report, embracing the following facts. On the 27th day of May 1851, said Ely & Co. entered into a…
1Opinion of the CourtHinman, J.
The plaintiffs as assignees of Benjamin S. Withey, seek to foreclose a mechanics lien in his favor, for building for the defendants, and on their land in the city of Hartford, a double brick dwelling-house, the work on which was commenced by Withey, under a contract with the defendants, but was finished by the plaintiffs. Withey being unable to go on with the work, and being indebted to the plaintiffs for materials furnished, assigned the contract to them to finish, and to collect for their own use whatever might be due thereon.
The plaintiffs claim a balance of $1,500 to be due on the…
2Cases cited1 opinion
- Bayard v. MalcolmNew York Supreme Court · 1807
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- Neely v. StateTennessee Supreme Court · 1874
- Flaxman v. Capitol City Press, Inc.Supreme Court of Connecticut · 1936
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