Wilkinson v. Hoffman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The action is to enforce a lien upon three tubular boilers with attachments, and was originally brought against George A. and Leon Libbey and the city of Madison. Subsequently John G. Hoffman was made a defendant upon the allegation that he claimed some interest in the money to be paid by the city. The facts will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dane County. The action is to enforce a lien upon three tubular boilers with attachments, and was originally brought against George A. and Leon Libbey and the city of Madison. Subsequently John G. Hoffman was made a defendant upon the allegation that he claimed some interest in the money to be paid by the city. The facts will sufficiently appear from the opinion. The plaintiff had a judgment against the defendants Libbey for $3,734.54 damages and $66.04 costs; and it was further adjudged that he had a lien upon the boilers to that amount superior to the claim…
1Opinion of the Court
Oole, 0. J.
This action was brought to enforce a mechanic’s lien, arising out of the following facts: If appears that the defendants Libbey had a contract with the city of Madison for the construction of water-works. 'The plaintiff sold them three boilers, with attachments, for these works, which were placed in a building belonging to the city, and constituting a part of its works. These boilers are in the use of the city. The Libbeys failed to complete their contract, and never paid for the boilers. The defendant Hoffman,, having signed as surety the bond given by the Libbeys for the faithful…
2Cases cited8 opinions
- Leonard v. . City of BrooklynNew York Court of Appeals · 1877
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- Buffham v. City of RacineWisconsin Supreme Court · 1870
- Klaus v. City of Greek BayWisconsin Supreme Court · 1874
- Board of Commissioners v. O'ConnerIndiana Supreme Court · 1882
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3Cited by18 opinions
- Town of Oxford v. Oxford Water Co.Massachusetts Supreme Judicial Court · 1984
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
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