Ingold v. City of Hickory
Supreme Court of North Carolina
Appeal 'by defendant from Webb, J., at tbe May Term, 1919, of Catawba. This is an action brought by the plaintiff against Charles A. .Kline, the city of Hickory, and the American Surety Company of New York, for material furnished to the defendant^ Charles A. Kline, for the erection of a school building for the defendant, the city of Hickory.
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Appeal 'by defendant from Webb, J., at tbe May Term, 1919, of Catawba. This is an action brought by the plaintiff against Charles A. .Kline, the city of Hickory, and the American Surety Company of New York, for material furnished to the defendant^ Charles A. Kline, for the erection of a school building for the defendant, the city of Hickory. The real purpose of the action is to hold the defendant,- the American Surety Company, liable for the claims of the plaintiffs, on account^ and by virtue, of a bond executed by the defendant, the American Surety Company, to the defendant, the city of…
1Opinion of the CourtAlleN, J.
The public policy of this State, relating to claims for labor done and materials furnished, is shown in its legislation, and in the constant effort to remedy defects found in existing law, and to secure the payment of these claims.
The first statute (chapter 117, Laws 1868-9) regulated the filing and enforcement of the lien, but soon after its enactment “It was held by the Supreme Court that no right to a lien was conferred by the statute unless there was a contract, express or implied, with the owner, creating the relation of creditor and debtor (Wilkie v. Bray, 71 N. C., 205), and as a…
2Cases cited5 opinions
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Gazzam v. German Union Fire InsuranceSupreme Court of North Carolina · 1911
- Morganton Hardware Co. v. Morganton Graded SchoolSupreme Court of North Carolina · 1909
- Wilkie v. . N. A. BraySupreme Court of North Carolina · 1874
- Armstrong v. Western Manufacturers' Mutual InsuranceMichigan Supreme Court · 1893
3Cited by21 opinions
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- Pneucrete Corp. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1935
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Maryland Casualty Co. v. FowlerCourt of Appeals for the Fourth Circuit · 1929
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
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