Graton & Knight Manufacturing Co. v. Woodworth-Mason Co.
Supreme Court of New Hampshire
Assumpsit, for belting furnished by virtue of a contract with the defendants for their box factory, then in the course of erection.
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Assumpsit, for belting furnished by virtue of a contract with the defendants for their box factory, then in the course of erection. The plaintiffs claim a lien for the price of the belting ($482.45), under P. S., c. 141, s. 10. The belting was affixed to the machinery in the factory, October 24 to 28, 1894. The claimant claims the belting under two mortgages from the defendants, both dated October 20,1894,— one, a personal mortgage of the machinery and belting then in the factory, and the other, a mortgage of the real estate. The. belting was on the premises when the mortgages were executed.
1Opinion of the CourtChase, J.
“ If a person shall . . . furnish materials to the amount of fifteen dollars or more, for erecting ... a house or other buildings or appurtenances, by virtue of a contract with the owner thereof, he shall have a lien thereon and on any right of the owner to the lot of land on which the house, building, or appurtenances stand,” for ninety days after the materials are furnished. P. S., e. 141, ss. 10, 16. Whether the belting was a material to be used in the erection of the box factory building or its appurtenances, depends upon the question whether it would be a fixture after it was attached to…
2Cases cited1 opinion
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
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- Holy Trinity Polish National Catholic Church v. O'DowdSupreme Court of New Hampshire · 1933
- Rok Builders, LLC v. 2010-1 SFG Venture LLC (In Re Moultonborough Hotel Group, LLC)Court of Appeals for the First Circuit · 2013
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