Grant v. Strong
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia. Strong filed a bill iu equity in the court below against Grant to establish a mechanic’s lien for the sum of $1517. There was no denial that work was done, nor that it was of the value alleged, nor that it was of that character for which liens are allowed by the laws of the District. The question was whether, under all the circumstances of the case, such a. lien ever attached.
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Appeal from the Supreme Court of the District of Columbia. Strong filed a bill iu equity in the court below against Grant to establish a mechanic’s lien for the sum of $1517. There was no denial that work was done, nor that it was of the value alleged, nor that it was of that character for which liens are allowed by the laws of the District. The question was whether, under all the circumstances of the case, such a. lien ever attached. The material facts were these: On the 14th day of October, 1869, the parties made an agreement that Strong should do the brickwork on sixteen houses which Grant…
1Opinion of the CourtJustice Miller
We have much argument in the case as to the effect of the note as a negotiable security operating as a release of the mechanic’s lien. We think this has but little pertinency to the case. We admit that when a lien has once attached, the taking of such a note does not of itself operate as a release. The question whether a lien is obtained, or is displaced when it once attaches, is largely a matter of intention to be inferred from the acts of the parties and all the surrounding circumstances. In the case before us, much conflicting testimony as to what was said and done by the parties, is found…
2Cited by15 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- McMurray v. BrownSupreme Court of the United States · 1876
- Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Pope v. A. T. Graham & Co.Texas Supreme Court · 1875
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