Legal Opinion

Taggard v. Buckmore

Supreme Judicial Court of Maine

Decided July 1, 1856PublishedCited by 13 opinions

On Facts Agreed, from Nisi Prius. This was an action of Case, and came to this Court on facts agreed to be as follows: — A. Scammons & Co., in the spring of 1854, commenced building a vessel, and applied by letter to plaintiffs to furnish iron for that purpose. Accordingly, plaintiffs, in the months of April and June of that year, furnished two bills of iron for the construction of such vessel, which was received in the yard and was ready for use.

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On Facts Agreed, from Nisi Prius. This was an action of Case, and came to this Court on facts agreed to be as follows: — A. Scammons & Co., in the spring of 1854, commenced building a vessel, and applied by letter to plaintiffs to furnish iron for that purpose. Accordingly, plaintiffs, in the months of April and June of that year, furnished two bills of iron for the construction of such vessel, which was received in the yard and was ready for use. About half the amount of iron so furnished, was actually used in said vessel; but the balance was otherwise used by A. Scammons & Co., or remained…

1Opinion of the CourtTenney, C. J.

Any shipcarpenter, caulker, blacksmith, joiner or other person, who shall perform labor, or furnish materials for or on account of any vessel building, or standing on the stocks, &c., shall have a lien on such vessel, &c. R. S., 1841, c. 125, § 35.

As in other cases, we must resort to the common law, to ascertain the meaning of the term “lien;” and it is there thus defined: “A general lien is the right to retain the property of another for a general balance of accounts; but a particular lien is a right to retain it only for a charge, on account of labor employed, or expenses bestowed upon the…

2Cited by13 opinions

  1. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Laird v. MoonanSupreme Court of Minnesota · 1884
  3. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  4. Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919
  5. General Motors Acceptance Corp. v. Colwell Diesel Service & Garage, Inc.Supreme Judicial Court of Maine · 1973

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