Jake Strickland Lumber Co. v. Rheinhart

Citations

• 115 Miss. 749
• 76 So. 643

Syllabus

<p>1. Mechanics Lien. Liens of materialmen and laborers. Bights of assignee of contractor.</p> <p>Under Code 1906, section 3074, giving to sub-contractors material-men and laborers, a lien on the amount due by the owner to the contractor upon their giving notice to the owner, an assignee of the principal contractor has the prior right to the fund as against sub-contractors, materialmen and laborers, serving notice after the assignment, though the assignee does not give the lien claimant notice of his assignment.</p> <p>2. Mechanics Lien. Materialmen. Bights of assignee of contractor. Partnership. Evidence. Admissibility.</p> <p>In a suit by a materialman to enforce his lien upon money paid into court by the owner as still due the principal contractor, where it was charged that the assignee of the principal com tractor, was in fact in partnership with him it \\was error to exclude the evidence of partnership since if it was a partnership the purported assignee would be subordinated to all of the other claims for material and labor, though the notice of such other claimants were served after the assignment.</p>