Legal Opinion

Benjamin v. Wilson

Supreme Court of Minnesota

Decided February 17, 1886PublishedCited by 13 opinions

The plaintiffs brought this action in the district court for Ramsey county, to enforce a mechanic’s lien. The action was tried before Brill, J., who, on June 10, 1885, found the following to be facts, viz.: In October, 1883, the defendants Wilson & Monkhouse went into possession of certain real estate and a building thereon, with the consent of one Pettibone, who had leased the same from one Gorman, the owner, for a term of two years ending August 14, 1885, and under a…

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The plaintiffs brought this action in the district court for Ramsey county, to enforce a mechanic’s lien. The action was tried before Brill, J., who, on June 10, 1885, found the following to be facts, viz.: In October, 1883, the defendants Wilson & Monkhouse went into possession of certain real estate and a building thereon, with the consent of one Pettibone, who had leased the same from one Gorman, the owner, for a term of two years ending August 14, 1885, and under a verbal agreement with Pettibone and Gorman that Pettibone would assign and transfer his lease to the defendants Wilson &…

1Opinion of the Court

Gilfillan, 0. J.

By the verified account filed for the purpose of securing a lien, it appears that the item of $7.20 for bolts was no part of the machinery furnished under the written contract, but was a transaction independent of that contract. There is enough, however, in the account and affidavit to show a right to a lien for the price of the articles furnished under the contract, and also to a lien for the price of the bolts, — to two separate liens, — and, although a party cannot save one lien from being barred by lapse of time, by including in the verified account or statement another…

2Cases cited6 opinions

  1. Ombony v. . JonesNew York Court of Appeals · 1859
  2. Derby v. GallupSupreme Court of Minnesota · 1860
  3. Cabbott v. RadfordSupreme Court of Minnesota · 1871
  4. Harman v. R. A. Allen & Co.Supreme Court of Georgia · 1851
  5. Hooker v. McGloneSupreme Court of Connecticut · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Kinney v. Duluth Ore Co.Supreme Court of Minnesota · 1894
  2. Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
  3. Dunham Associates, Inc. v. Group Investments, Inc.Supreme Court of Minnesota · 1974
  4. Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
  5. Nasseff v. SchoeneckerSupreme Court of Minnesota · 1977

8 more not listed; retrieve them via the Exa API.

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