Legal Opinion

Atwood v. Williams

Supreme Judicial Court of Maine

Decided July 1, 1885PublishedCited by 7 opinions

On Facts Agreed. Assumpsit, on a receipt given by defendant to the plaintiff, to keep and re-deliver the brig “John Hathaway,” &c., “ which property the said officer has taken by virtue of a 'writ against Daniel Millett, and to enforce a lien provided for in c. 125, E. S., in favor of Samuel Carter,” &c. Defendant was owner and builder of the brig, and contracted with one David Millett to perform a certain part of the work. This job was performed and Millett paid.

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On Facts Agreed. Assumpsit, on a receipt given by defendant to the plaintiff, to keep and re-deliver the brig “John Hathaway,” &c., “ which property the said officer has taken by virtue of a 'writ against Daniel Millett, and to enforce a lien provided for in c. 125, E. S., in favor of Samuel Carter,” &c. Defendant was owner and builder of the brig, and contracted with one David Millett to perform a certain part of the work. This job was performed and Millett paid. Millett hired one Samuel Carter to assist him, but failed to pay him the entire sum due him. To secure the balance dueNhim, Carter…

1Opinion of the CourtTenney, J.

The R. S., c. 125, § 35, gives to any ship-carpenter, caulker, blacksmith, joiner, or other person, who shall perform labor, or furnish materials for, or on account of any vessel building, &c., a lien on the same for his wages or materials. This provision is as comprehensive in securing those who perform labor and furnish materials about a vessel in the process of building, or of being repaired, as is the statute of 1848, c. 72, § 1, giving to persons, who shall labor at cutting, hauling and driving logs, masts, spars or other lumber, a lien thereon. The latter has received a construction…

2Cited by7 opinions

  1. Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
  2. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  3. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  4. Laird v. MoonanSupreme Court of Minnesota · 1884
  5. Merrigan v. EnglishMontana Supreme Court · 1889

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