Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-12-11
RESCRIpTS FROM
THE Law COURT


The following rescripts have been re-
ceived from the law court by Clerk of
Courts Charles w. Jones Of Kennebec
county:
Aroostook County.
William T. Van Wart VS.. William A.
Rees and Land and Buildings.
Rescript. Bird. ].
An action of assumpsit to enforce a
lien upon land and buildings for ma
terials furnished in the construction OF
the latter. The case was submitted to
the presiding justice, with right of
exception reserved, upon an agreed
statement of facts.
Where all the materials are furnished
under one entire continuous contract,
albeit at different times, statement
fled within the time fixed by statute
after the last item was furnished, is
effective in regard to all the other
items.
And even if the materials be not or
dered at one and the same time or the
quantity or the prices of the materials
be not agreed upon at the time Of the
first order, the contract will neverthe-
less be held a continuous one.
Tine statute regarding liens on build
ngs and lots does not confine the right
to any particular species of contract.
It extends to and includes implied
as well as express contracts and those
which are entire as we'll as those which
are devisible.
Interruption of the work for period
and its subsequent resumption with
out change of it's original design and
character do not constitute new COM
mencement, nor affect the attaching
of the lien when the building was or
iginally commenced, where there is no
evidence of an abandonment of the in
tention to prosecute the work.
The court finds that the circum-
stances attending the suspension Of
the work in the case at bar are not
such as to indicate an intention Of
abandonment of the enterprise by
either owner or material men, between
whom alone the question arises, nor to
impugn the good faith of the latter.
Exceptions sustained.
Received Dec. s, 1914.
Piscataquis County.
John S. Williams, Trustee in Bank
ruptcy vs. Noyes AMI Nutter Manufact-
uring Company.
Rescript. Hanson, j.
Action of trover brought by the
plaintiff as trustee in bankruptcy of
the estate of Alton G. Crockett. reported
to this court for determination of the
rights of the parties.
On September 10, 1910, Alton G..
Crockett mortgaged his stock of goods,
fixtures and accounts to the defendant
to secure an Indebtedness Of $759.1S.
The value of the mortgaged property
was then about $500. The mortgage
contained the following provision as to
after acquired merchandise: 1T Is
understood that the said Crockett is
to have the right to sell at retail in
the ordinary course of business from
said stock replacing the same with new
stock and additions from time to time,
keeping the stock to its present value
and insured for the benefit of the said
mortgagee; and the said Crockett here
by sells and conveys to the said Noyes
& Nutter Mfg. Co., all and singular,
all additions to merchandise, metals
and stock, or accounts hereafter due
for labor or material; and the same to
be the property Of the said Moves &
Nutter Mfg. Co., their successors or
assigns. 1t being distinctly under
stood that this mortgage and convey
ance covers all after acquired property,
added to said business in any manner
after the date of this mortgage or
during the existence of said mortgage,
to Noyes & Nutter Mfg. Co. To have
and to hold all and singular, the said
goods and chattels, property rights
and interests to the said Noyes & Nut
ter Mfg. Co., their successors and
assigns"
The parties continued their business
relations until July Z, 1913. when Mr..
Crockett was adjudicated a bankrupt.
He then owed the defendant $1229.69.
The plaintiff was appointed trustee,
qualified as such officer, and thereupon
took possession Of the merchandise In
question. The inventory filed amount
ed to 1921 2S, which was later increased
by sales from the stock not reported,
aggregating $S2.34, making s10oS62,
as the value Of the bankrupt estate.
The mortgage was not foreclosed, and
the bankrupt was in possession Of the
property at the date of adjudication,
and delivered the same to the trustee.
The defendant. by its attorney, made
demand upon the trustee for the goods,
and. upon refusal, took the same farci-
bly, from the plaintiff, and sold them.
Held, /. While at common law a