Kendall v. Pickard
Supreme Court of New Hampshire
Assumpsit, by each of the several plaintiffs for materials furnished and labor performed for the defendant in erecting his house, and to secure a lien thereon. All the liens were secured by attachment made within the prescribed ninety days, but not simultaneously. The property is not sufficient to pay in full all the claims. The first attaching plaintiffs insist that their claims must be paid in full; the others that the property be applied proportionately on all the claims.
Read the full summary
Assumpsit, by each of the several plaintiffs for materials furnished and labor performed for the defendant in erecting his house, and to secure a lien thereon. All the liens were secured by attachment made within the prescribed ninety days, but not simultaneously. The property is not sufficient to pay in full all the claims. The first attaching plaintiffs insist that their claims must be paid in full; the others that the property be applied proportionately on all the claims. “ If a person shall, by himself or others, perform labor or furnish materials to the amount of fifteen dollars or more…
1Opinion of the CourtCakpenteb, J.
The builders’ lien “ shall continue for ninety days after the services are performed, or the materials or supplies are furnished, . . . and shall take precedence of all prior claims except liens on account of taxes.” “ Any such lien may be secured by attachment of the property upon which it exists, at any time while the lien continues, . . . and such attachment shall have precedence of all other attachments made after such lien accrued, unless founded on a prior lien.” P. S., c. 141, ss. 16,. IT.
By force of section 16, the lien during its continuance takes precedence of all other claims (of…
2Cases cited5 opinions
- Hill v. CallahanSupreme Court of New Hampshire · 1878
- Hale v. BrownSupreme Court of New Hampshire · 1880
- Pike v. ScottSupreme Court of New Hampshire · 1881
- Calef v. BrinleySupreme Court of New Hampshire · 1877
- Cole v. ColbySupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Commonwealth Roofing Co. v. North American Trust Co.Court of Appeals for the First Circuit · 1905
- Hartford Builders Finish Co. v. AndersonSupreme Court of Connecticut · 1923