Norfolk Building Supplies Co. v. Elizabeth City Hospital Co.
Supreme Court of North Carolina
ActioN to enforce a materialman’s lien, under section 2021, et seq., of Revisal, Tried before Whedbee, J., and a jury, at Special Term, 1918, of Pasquotank. On a former trial of the case a judgment of nonsuit was entered, the judge below holding that mine of the notices relied upon by plaintiff to effect a lien, as claimed by him, was sufficient for the purpose.
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ActioN to enforce a materialman’s lien, under section 2021, et seq., of Revisal, Tried before Whedbee, J., and a jury, at Special Term, 1918, of Pasquotank. On a former trial of the case a judgment of nonsuit was entered, the judge below holding that mine of the notices relied upon by plaintiff to effect a lien, as claimed by him, was sufficient for the purpose. On appeal from that judgment, the same was reversed, this “Court being of opinion that at least one of the notices — that of 18 January, 1915 — was sufficient in form to constitute a lien, requiring a pro rata distribution of the…
1Opinion of the CourtIIoke, J.
Under section 2021, Revisal, and affiliated sections, a contractor is required to furnish the owner of the building, etc., an itemized statement of the amount due to any laborer, mechanic, materialman, etc., and the owner must thereupon retain from the amount due to such contractor a sufficient sum to pay same; and in the same section it is provided that any laborer, mechanic, artisan, or person furnishing material, etc., may themselves serve such a notice on the owner or agent, and thereby secure the “lien and benefits conferred by this section or by any other law of this State in as full…
2Cases cited6 opinions
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Charlotte Pipe & Foundry Co. v. Southern Aluminum Co.Supreme Court of North Carolina · 1916
- Butler & McCracken v. GainIllinois Supreme Court · 1889
- Clark v. . EdwardsSupreme Court of North Carolina · 1896
- Borden Brick & Tile Co. v. PulleySupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- RANLO SUPPLY COMPANY v. ClarkSupreme Court of North Carolina · 1958
- Rose v. . DavisSupreme Court of North Carolina · 1924
- Economy Pumps, Inc. v. F. W. Woolworth Co.Supreme Court of North Carolina · 1941
- Grier-Lowrance Construction Co. v. Winston-Salem Journal Co.Supreme Court of North Carolina · 1930
- Edmiston v. KierstedOregon Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.