Enterprise Bed Co. v. South American
Michigan Supreme Court
Appeal from Wayne; Hally, J. Proceedings by the Enterprise Bed Company to enforce a lien under the water-craft law against the steamer South American, the Chicago, Duluth & Georgian Bay Transit Company and the Great Lakes Engineering Works. From a decree for complainant, defendants appeal. This action was brought under chapter 298, 3 Comp. Laws (3 Comp. Laws 1915, chap. 247), providing for the “collection of demands against water craft.”
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Appeal from Wayne; Hally, J. Proceedings by the Enterprise Bed Company to enforce a lien under the water-craft law against the steamer South American, the Chicago, Duluth & Georgian Bay Transit Company and the Great Lakes Engineering Works. From a decree for complainant, defendants appeal. This action was brought under chapter 298, 3 Comp. Laws (3 Comp. Laws 1915, chap. 247), providing for the “collection of demands against water craft.” In the spring of 1914 the defendant Great Lakes Engineering Works was engaged in the construction of a ship called the “South American” for the defendant the…
1Opinion of the CourtBrooke, J.
(after stating the facts). Much argument is indulged in by the attorneys for both parties and many cases are cited upon the question as to whether the “timely notice” mentioned in the statute must be a written notice. Under our view of the case it becomes unnecessary to construe the statute in this regard. The statute creating the lien is peculiar, and, so far as the principal contractor is concerned, no notice whatever is required. The lien is established by the statute as soon as the work is done or material is furnished. Delaney Forge & Iron Co. v. The Winnebago, 142 Mich. 84 (105 N. W.…
2Cases cited2 opinions
- Delaney Forge & Iron Co. v. WinnebagoMichigan Supreme Court · 1905
- Perkins v. Golden GirlMichigan Supreme Court · 1915