Merchant v. Ottumwa Water Power Co.
Supreme Court of Iowa
Appeal from Wapello Gvrcidt Gou/rt. On the 19th day of December, 1877, the plaintiff filed a petition alleging, in substance, that in 1875 the Ottumwa Water Power Company, a corporation duly organized, entered into a written contract with D. B. Sears & Son, by which they were to furnish materials for, and do work upon, the construction of its water-works; that said Sears & Son commenced work under their contract in the spring of 1875, and continued during 1875, 1876, and…
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Appeal from Wapello Gvrcidt Gou/rt. On the 19th day of December, 1877, the plaintiff filed a petition alleging, in substance, that in 1875 the Ottumwa Water Power Company, a corporation duly organized, entered into a written contract with D. B. Sears & Son, by which they were to furnish materials for, and do work upon, the construction of its water-works; that said Sears & Son commenced work under their contract in the spring of 1875, and continued during 1875, 1876, and part of 1877, furnishing materials and performing labor to the amount of-thous- and dollars; that from time to time, as the…
1Opinion of the CourtDay, J.
1. MECHANIC’S meni of^ nv staiiment. It appears from the allegations of the petition in this case that Sears & Son completed their contract about the 15th day of January, 1877. It does not appear J J x they ever ^ed an7 í’or a lien- -The negotiable order in question was drawn November 13, 1875; was afterward indorsed to Merchant & Bros, or order, and was subsequently, on April 7, 1876, assigned to the plaintiff. On the 9th day of February, 1877, judgment was recovered upon this order against the company without any reference to a claim for a mechanic’s lien. On the 19th day of December, 1877,…
2Cases cited4 opinions
- Moss v. AtkinsonCalifornia Supreme Court · 1872
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- Tuttle v. HoweSupreme Court of Minnesota · 1869
- Pierce v. JungWisconsin Supreme Court · 1859
3Cited by11 opinions
- Langan v. SankeySupreme Court of Iowa · 1880
- German Bank v. SchlothSupreme Court of Iowa · 1882
- Fleming v. GreenerIndiana Supreme Court · 1909
- Peatman v. Centerville Light, Heat & Power Co.Supreme Court of Iowa · 1898
- Brown v. SmithSupreme Court of Iowa · 1880
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