Edward P. Allis Co. v. Madison Electric Light, Heat & Power Co.
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. J. W. Jones, Judge. Action to foreclose a mechanic’s lien. Defendants had judgment, and from an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. Whether the notes were bankable paper or not is not material in this controversy, as the plaintiff would have a right under the statute to enforce his mechanic’s lien independent of any collateral security jvhich he might hold.
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Appeal from circuit court, Lake county. Hon. J. W. Jones, Judge. Action to foreclose a mechanic’s lien. Defendants had judgment, and from an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. Whether the notes were bankable paper or not is not material in this controversy, as the plaintiff would have a right under the statute to enforce his mechanic’s lien independent of any collateral security jvhich he might hold. Hill et al. v. Alliance Building Co. etal., 6 S. D. 160, 60 N. W. 752. The fact that the materials were sold and delivered in another state does…
1Opinion of the CourtCorson, P. J.
This is an action to enforce a mechanic’s lien for a balance claimed to be due plaintiff of $2,670.89 and interest, from December 10, 1891, for machinery furnished the defendant the electric light company. The case was tried by a referee, who found the facts and stated his conclusions of law thereon, upon which judgment was rendered in favor of the de*461fendants. Prom this judgment, and an order denying a new trial, the plaintiff appeals.
The findings of the referee state fully and clearly the transactions between the plaintiff’s assignors and the electric light company, and we insert the more…
2Cases cited3 opinions
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Brady v. AndersonIllinois Supreme Court · 1860
- Croskey v. CoreyIllinois Supreme Court · 1868
3Cited by9 opinions
- Russell v. People's Nat. Bank of BeltonCourt of Appeals of Texas · 1928
- James Employees Credit Union v. HawleyWisconsin Supreme Court · 1958
- Charles Betcher Co. v. ClevelandSouth Dakota Supreme Court · 1900
- Pasha v. BohartMontana Supreme Court · 1912
- Jones v. Third Nat. Bank of SedaliaCourt of Appeals for the Eighth Circuit · 1926
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