City Coal & Wood Co. v. New Britain Inst.

• Decision Date: 11 November 1904
• Citation: 59 A. 33
• Court: Connecticut Supreme Court
• Parties: CITY COAL & WOOD CO. v. NEW BRITAIN INSTITUTE.

59 A. 33

CITY COAL & WOOD CO.

v. NEW BRITAIN INSTITUTE.

Supreme Court of Errors of Connecticut.

Nov. 11, 1904.

Appeal from Court of Common Pleas, Hartford County; John Coats, Judge.

Action by the City Coal & Wood Company against the New Britain Institute to foreclose a mechanic's lien. Prom a judgment for defendant, plaintiff appeals. Affirmed.

Prank L. Hungerford, for appellant.

Bernard F. Gaffney, for appellee.

PRENTICE, J. Beginning October 20, 1899, the plaintiff sold building materials to C. D. Kinney & Co., to be used by said company in the construction of a library building for the defendant, upon which said company was a subcontractor, and in the construction or repair of other buildings upon which it was doing work. Prior to that time the parties had dealt with each other largely. On October 1, 1899, there was a balance due the plaintiff upon said account of $126.75. Between that date and October 20th other sales of materials which did not go into the library, to the amount of $129.50, were made and entered upon said account. The plaintiff kept upon its books a single account with Kinney & Co., upon which was entered all sales of materials and credits. These entries simply purported to show the state of the general account between the parties, and there was no attempt to distinguish or indicate for what particular job any material was furnished, and the books contained no information by which the fact in that regard could be ascertained. Such was the method pursued throughout the course of dealings under review. On October 20th the first material for the library was furnished. The last was delivered July 9, 1900. All materials sold Kinney & Co. were upon 30 days' time. On February 6, 1900, no payments meanwhile having been made, there was due and payable upon said general account $885.71, of which $422.81 was, as subsequently ascertained in the manner hereinafter described, for material furnished for the library, and $462.90 for material which went elsewhere. Said account also contained charges amounting to $391.70 for material furnished within 30 days, of which that furnished for the library amounted to $261.70. On that day Kinney & Co. gave the plaintiff its two promissory notes, each for $400, one payable March 6, 1900, and the other April 6th, and credit therefor was given upon said general account. The note payable March 6th was not paid at maturity, and was charged back on that day, making the amount due and payable on that day, as shown by the books, $896.61; the second of said $400 notes being still outstanding, unmatured, and credited. The charges not due amounted to $370.78 in addition to the above. Of this amount, only $23.10 related to the library. On said day Kinney & Co. gave the plaintiff its note for $900, payable May 6th, which was credited on the account. The $400 note was paid when due. The $900 note was renewed, the old note being charged back and the renewal credited. The renewal note was payable July 12th and indorsed. At maturity it was paid by the indorser. Subsequent to ...