Delaware R. v. Amity Coal Co.

Citations

• 124 Pa. 624
• 17 A. 140
• 1889 Pa. LEXIS 1066

Syllabus

<p>(a) In the distribution of the proceeds of a sheriff’s sale of the plant of a coal company, a mechanics’lien creditor claimed for mine cars, etc., furnished under a contract for their delivery from time to time as they might be needed in the operation of the works.</p> <p>(b) Upon sufficient evidence, the auditor found as a fact that the mine structures were completed and operations begun in September, 1884, and as a matter of law that, the lien not being filed till in June, 1885, the claimant could not participate, although a portion of the cars were furnished within six months prior to the date of filing his claim.</p> <p>1. The findings of fact by the auditor having been approved by the court below, and appearing to be in accordance with the weight of the evidence, upon the controlling subject as to the time of the completion of the breaker buildings against which the lien was filed, the finding would not be disturbed by this court.</p> <p>2. There was nothing in the terms of the claimant’s contract, by which the cars were to be furnished from time to time as they might be needed by the company, that could have the effect of extending the time of filing the lien beyond six months from the completion of the breaker.</p> <p>3. Nor did the fact that, after the completion of the breaker, the coal company found it necessary to make and did make certain alterations and additions to the structure of the breaker, have the effect of so extending the time of filing the lien.</p>