Gogin v. Walsh
| Decision Date | 28 June 1878 |
| Citation | 124 Mass. 516 |
| Parties | William Gogin v. William Walsh |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued November 26, 1877
Suffolk. Petition to enforce a mechanic's lien for labor performed and materials furnished in the alteration and repair of a building in Boston.
At the trial in the Superior Court, without a jury, before Allen J it appeared in evidence that the defendant employed one Post to repair the building, and Post contracted with the petitioner to do the plastering, furnishing both labor and materials, for the entire sum of $ 270, of which $ 170 was to be paid when the first coat of plaster was put on. When the first coat was put on, Post absconded, having been overpaid by the defendant, and the defendant thereupon put a notice on the building that he would not be responsible for any work done on the building except by his own orders, and the petitioner thereupon, and for that reason, discontinued his work, and within thirty days thereafter duly filed, in the registry of deeds, a certificate or statement of his lien which did not set forth the entire price for the entire contract.
The petitioner offered the certificate in evidence, to the admission of which the defendant objected, because it did not contain the particulars prescribed by the St. of 1872, c 318. But the judge ruled that the statement was sufficient, and admitted it.
The judge found that the certificate was made and filed, and the petition to enforce the lien properly brought, within the time required by law; that the certificate contained a true statement of the amounts due the petitioner; that there was due the petitioner for labor the sum of $ 82.10; that no notice in writing had been served upon the defendant, as required by the statute; that, therefore, no lien existed for the materials furnished by the petitioner; and found for the petitioner in the sum of $ 82.10 and interest, the sum claimed in the petition for labor; and the respondent alleged exceptions.
Exceptions sustained.
J. D. Thomson, for the respondent.
J. Bennett, for the petitioner.
OPINION
The mechanic who furnished labor and materials in repairing or erecting a building, for an entire sum, under a contract with one not the owner of the premises on which the work was done had no lien under the Gen. Sts. c. 150, for either labor or materials, unless he gave notice to the owner of his intention to claim a lien for the materials, before furnishing them. Morrison v. Minot, 5 Allen 403. Brewster v. Wyman, 5 Allen 405 note. To relieve the mechanic from any hardship which this state of the law might expose him to, it is provided...
To continue reading
Request your trial
-
Henry v. Plitt
...on Mechanic's Liens, secs. 341, 349; R. S., 1879, sec. 3190; Lutz v. Ey., 3 Abb. p. 475; Schulenburg v. Bascom, 38 Mo. 188; Gogin v. Walsh, 124 Mass. 516. (2) The lien filed in the circuit clerk's office was improperly admitted in evidence, because it did not contain a just and true account......
-
Fosburgh Co. v. Hampden County
...the building been owned by a private person, and that therefore, under the well-established doctrine of this commonwealth (see Gogin v. Walsh, 124 Mass. 516, cases cited), there could be no lien for anything under the contract; and hence the Granite Company is not protected by the statute a......
-
Ellenwood v. Burgess
...materials are so mingled, the contract being entire, that they cannot be determined, respectively, there is no lien for either. Crogin v. Walsh, 124 Mass. 516; Clark Kingsley, 8 Allen, 543. At the trial no debt could have been found to be due on the sealed contract, petitioner having then f......
-
Moore v. Dugan
... ... See Felton v. Minot, ... 7 Allen, 412; Graves v. Bemis, 8 Allen, 573; ... Mulrey v. Barrows, 11 Allen, 152; Gogin v ... Walsh, 124 Mass. 516; Smith v. Emerson, 126 ... Mass. 169, 175; Childs v. Anderson, 128 Mass. 108; ... Cahill v. Capen, 147 Mass. 493, 18 ... ...