Fifield v. Mayer
Supreme Court of New Hampshire
Action, to enforce a lien under P. S., c. 141. In pursuance of a contract for electrical equipment between the plaintiff and the defendant Mayer, the plaintiff between August 15,1915, and January 27 1916, furnished the labor and material on Mayer’s theater building, for which the lien is claimed.
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Action, to enforce a lien under P. S., c. 141. In pursuance of a contract for electrical equipment between the plaintiff and the defendant Mayer, the plaintiff between August 15,1915, and January 27 1916, furnished the labor and material on Mayer’s theater building, for which the lien is claimed. The following facts were reported by a referee: Mayer bought the theater property some time previous to March 9, 1915. At that time it was subject to a mortgage to secure a note due the Union Five Cent Savings Bank for $2,500. On that day he paid $1,000 of this loan and gave a new note secured by a…
1Opinion of the CourtWalker, J.
The defendant sureties claim they are entitled to be subrogated to the rights of the mortgagee, Kelly, whose mortgage and liens were paid by the bank’s money for which they were sureties, and which they have paid to the bank, while the plaintiff claims that his lien is superior to the defendants’ mortgage, which ought not to be treated as a prior incumbrance or to occupy the position of the former mortgage which was discharged. Upon these evidentiary facts, which were reported by a referee, the court found that the defendants were entitled to subrogation in accordance with their claim. To…
2Cases cited13 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Overholser v. ClarkTennessee Supreme Court · 1850
- Gans v. . ThiemeNew York Court of Appeals · 1883
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3Cited by11 opinions
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Chase v. Ameriquest Mortgage Co.Supreme Court of New Hampshire · 2007
- Beaver County v. Home Indemnity Co.Utah Supreme Court · 1935
- Federal Land Bank v. SmithSupreme Judicial Court of Maine · 1930
- Bilden Properties, LLC v. BirinSupreme Court of New Hampshire · 2013
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