The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1898-06-03
LIENS, $S,262.OS.
Judge BuCkham Decides the
Glass Block Cases.
One Claim of $500 Filed too Late to be
Made a Lien, Thus Reducing
the Total.

dCUlOl is Illus. H. -%ouShA"h We
Longini and others The most of the
amounts involved are made liens on
the Glass Block property, but in the
case of Foreman, Ford & Co., it is
found that their claim Of So, 100 for
glass was not filed within the ninety
DAYS after the completion of the con-
tract, as required by law in order to
become lien. The point of this
case hung on the replacing of glass
that had been broken. The court
finds that this glass was not part
of the original contract, and that the
latter was a separate matter. Inc
cost of replacing the broken glass is
made lien. The liens allowed foot
I'D to SIS, 262. 08, besides the interest.
The court also declares that the
liens hold preference to The S12,OOO
lien of the Northwestern Mutual Life
Insurance Co. The effect of the de-
CisiOn is to ensure the payment in
full of all of the Mankato claimants,
which is a cause for cOngratulation,
The decision is lengthy one.
As conclusions of law it is found:
That as TO the Joannin Hanson Co.
and Hanson & Lampert Co. the action
should be dismissed without costs:
and that as against Renig BOhnert,
failing to answer, Judgment should be
entered denying HIM any relief.
That by the failure Of Longlnl u
Thoms TO make payments on their
contract with the E. q. Burdick GO.
at the time and in the manner pro-
vided for in such contract, the plain
tiff was discharged as surety on the
contractors'ibond given the Longini 81
ThOms, and that he is not, OV reason
Of mis- being one Of the suretieS on
said bond, estopped to claim lien in
this action: and that for the same
reason, and also because the firm
name of Wheeler & Bennett was not
signed to said bond with the know
ledge and consent of the said
Wheeler, they, the said Wheeler q
Bennett. are lot, by reason OF the &C
tion of Oscar Bennett in the premises,
estopped to claim a lien in this action.
That as regards the first contract
of the defendants Foreman, Ford &
Co. with the e. c.. Burdick Co. to fur
nish glass for the sum Of So, 100, their
claim was not filed for more than
ninety days after the completion of
such contract, and after the furnish
ing OF the last item Of material there
under and that they thereby lost
their right to a lien for the payment
of said sum.
That the plaintiff, Thos. r. Cough
Ian, is entitled to recover of The de.
PENDANTS, Edward G. Burdick, Michaal
Coughlan and Joseph j. Walrof the
sum Of 81, 542.77 and interest thereon
from Oct. Both, 1885, and to have the
sum so recovered declared lien on
the premises herelnbefOre described.
That the defendant, Neil Cook, is
entitled to recover of the defendants,
E. q. Burdick, Michael Coughlan and
Joseph J. Walrof, the sum of 1854, q
and interest thereon from Oct. 18th,
1895: that Wheaton, Reynolds & Co.
are entitled to recover Sl,02O.5O and
interest thereon from Sept. 18th, 1895
that Farwell, Ozmun, Kirk & Co. are
entitled to recover S72 40 and interest
thereon from Dec. 18th, 1895; that
VIM. Buckholz is entitled to recover
S120.99 and interest thereon from
Sept. 2lst, 1895; that Laird, Norton &
Co. are entitled to recover 1920. 26
and interest thereon from Sept 10th,
1895; that Jacob Scherffins is entitled
to recover $500 and interest thereon
from Oct. 10th, 1895; that Wheeler &
Bennett are entitled to recover S99S. 70
and interest thereon from Oct. 24th,
1895; that Joseph Manderfeld is en-
titled to recover $3.50. 10 and interest
thereon from Oct 14th, 1895; that the
Western Supply Co. is entitled to re-
cover 1903 so and interest thereon
from Nov. 10th, 1895: aud that all OF
these parties are entitled to have the
sums so recovered declared liens on
the premises hereinbefore described,
That Foreman, Ford & Co. are en-
title to recover SO, 100 and interest
thereon from Nov. 9th, 1895, and for
the further sum Of 1872 Ga and interest
thereon from Dec. oath, 1895, and to
have the last mentioned sum, to-wit,
1924, and interest thereon from
Sept. oath, 1895, declared a lien on the
premises hereinbefore described.
That the Northwestern Mutual
Life Insurance Co. has valid and
subsisting lien on the premises here
inbefore described for the sum of S12,-
900 and interest thereon from April J.,
1896, at six per cent per annum, but
that such lien is subsequent and
Junior to the liens Of the several lien
claimants hereinbefore mentioned.
That the premises on which said
several sums are so declared to be
liens, to-wit. Lot ten, block eight.
in the town of Mankato, according to
the recorded plat thereof made BY
d. Bruner, should be sold to satisfy
the same, according to law and the
practice Of this court on the fore
closure of mechanics liens, and that
II sufficient sum is not realized from
such sale to satisfy and pay the
whole amount due, then that the
same should be divided and distribut
ed among the several parties entitled
thereto without priority among them
selves.
That each leIn holder who has beer
declared entitled to lien under
these findings shall be entitled tt
tax as costs the sum of S25 Let judg
ment be entered accordingly.
Whoever taxes advantage Of oul
premium portrait offer will never re
pret it, The work is artistic in ever,