Redman v. Murray W. Sales Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern Division of the Eastern District of Michigan; Arthur J. Tuttle, Judge. In the matter of the receivership of the St. Clair Power Company.. The claims of the Murray W. Sales Company and the National Supply Company for liens for material furnished were allowed, and Walter H. Redman and others in each case appeal. Suit to enforce a lien for materials furnished.
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Appeal from the District Court of the United States for the Southern Division of the Eastern District of Michigan; Arthur J. Tuttle, Judge. In the matter of the receivership of the St. Clair Power Company.. The claims of the Murray W. Sales Company and the National Supply Company for liens for material furnished were allowed, and Walter H. Redman and others in each case appeal. Suit to enforce a lien for materials furnished. The pertinent Michigan statutes, found in the Compiled Laws of 1915, are as follows: Section 14796: “Every person [a] who shall, in pursuance of any contract, express or…
1Opinion of the CourtDenison, Circuit Judge
(after-stating the facts as above). [1-3] The filing’of the affidavit within the time limited is jurisdictional (Godfrey Co. v. Kline, 167 Mich. 629, 133 N. W. 528), and the question to be decided is whether, when there has been a succession of purchases of materials for use in repairing a manufacturing plant, each purchase being a distinct sale, upon which a separate right of action arose, and the successive sales not being covered by any general advance contract binding upon both parties, a statement of lien filed within 60 days after the last item will reach back and sufficiently cover all…
2Cases cited12 opinions
- Woods v. AyresMichigan Supreme Court · 1878
- Smalley v. GearingMichigan Supreme Court · 1899
- Union Trust Co. v. CasserlyMichigan Supreme Court · 1901
- Premier Steel Co. v. McElwaine-Richards Co.Indiana Supreme Court · 1896
- Hensel v. JohnsonCourt of Appeals of Maryland · 1902
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3Cited by1 opinion
- William M. Graham Oil & Gas Co. v. Oil Well Supply Co.Supreme Court of Oklahoma · 1927