Smith v. Congregational Society
Supreme Court of Connecticut
This was a bill in equity, brought by Edwin Smith, against the Naugatuck Congregational Society, and Roswell J. Brown. The plaintiff claimed a mechanic’s lien for materials and labor, furnished toward the erection of a church edifice, and brought the present bill for a foreclosure. The cause was referred to a committee, whose report embraced the following facts.
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This was a bill in equity, brought by Edwin Smith, against the Naugatuck Congregational Society, and Roswell J. Brown. The plaintiff claimed a mechanic’s lien for materials and labor, furnished toward the erection of a church edifice, and brought the present bill for a foreclosure. The cause was referred to a committee, whose report embraced the following facts. On the 29th day of April, 1854, the defendant entered into a written agreement, in which said Brown agreed to erect a church edifice, for said society, for the sum of $-. About .the 1st of May, 1854, the plaintiff contracted with…
1Opinion of the CourtHinman, J.
The principal question, in this case, is the same as one of the questions which arose in the case of the Presbyterian Society of Greens’ Farms v. Staples and others, which was determined at the late term of this court, in Fairfield county, viz.: Whether a sub-contractor, who renders services, or furnishes materials, in constructing a building, on the credit of the original contractor, without the assent in writing, or otherwise, of the proprietor, can maintain a lien updn the premises, under the statute of 1852.
Having decided this question against the validity: of the lien, it must control…
2Cited by1 opinion
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