Cary Brick Co. v. Wheeler
Massachusetts Supreme Judicial Court
Petition, filed on May 23,1910, to enforce a mechanic’s lien in the sum of SI,247.73 for brick furnished and actually used in the erection of certain buildings at the corner of Huntington Avenue and South Huntington Avenue in that part of Boston called Roxbury.
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Petition, filed on May 23,1910, to enforce a mechanic’s lien in the sum of SI,247.73 for brick furnished and actually used in the erection of certain buildings at the corner of Huntington Avenue and South Huntington Avenue in that part of Boston called Roxbury. In the Superior Court the case was tried before Hardy, J. The only issue submitted to the jury was as follows: “ What is the amount due the petitioner for material furnished by it for the construction of the buildings located on the lot of land described in the petition ? ” The undisputed evidence introduced at the trial showed that…
1Opinion of the CourtSheldon, J.
The only questions presented are whether the promissory note given by the respondent to the petitioner was presumed to be a part payment of the petitioner’s demand, whether such a presumption had been rebutted, and whether the amount due to the petitioner should be reduced by the amount of the note. This note and one given in renewal thereof were not paid; and they were tendered to the respondent at the trial, and on his refusal to accept them were left in the custody of the court.
The instructions given to the jury were sufficiently favorable to the- respondent, and the rulings requested by…
2Cases cited4 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- Paddock & Fowler Co. v. SimmonsMassachusetts Supreme Judicial Court · 1904
3Cited by10 opinions
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Rosenberg v. RobbinsMassachusetts Supreme Judicial Court · 1935
- See v. KolodnyMassachusetts Supreme Judicial Court · 1917
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