S. V. R. R. Co. v. Miller

Citations

• 80 Va. 821
• 1885 Va. LEXIS 117

Syllabus

<p>1. Appellate Court — Objections there — Review.—Defects in notice, or in service of notice, by sub contractor to owner under mechanics’ lien law, can not be objected to for the first time in appellate court. Nor can refusal of court below to award new trial be reviewed, unless all the evidence is in some proper mode certified to appellate court.</p> <p>2. Mechanics’ Liens — Notice—Affidavit—Liability of owner. — As soon as sub-contractor has furnished labor or materials, he may give notice to owner, and may furnish the affidavit at any time within twenty days after completion of building, or termination of work. And without regard to state of accounts between owner and general contractor, owner, upon proper notice and affidavit, is liable, absolutely, to subcontractor for amount named in affidavit. Code 1873, chap. 115, $ 5, amended Acts 1874-5, p. 437.</p> <p>3. Idem — Statute construed — Two-fold remedy. — Section 8 secures to subcontractor benefit of lien given general contractor by section 4, provided notice is given by former before lien is discharged. This remedy is additional to that conferred by section 5, which gives to sub-contractor, upon compliance with its requirements, the right to charge owner personally. Under section 8, regard is had to state of accounts between owner and general contractor; under section 5, none is had.</p> <p>4. Idem — General contractor's failure — Owner's liability. — Fact of general contractor’s failure, and owner’s necessity to complete the work, does not affect owner’s liability for amount due sub-contractor for labor or materials.</p> <p>5. Equitable Assignments — Drawee’s liability — Payee’s remedy. — It is well settled, that where one man having funds in another’s hands, draws on him an order directing them to be paid to a third party, for value, such order will pass to the payee the title to said funds, which title a court of equity will enforce. But drawee may refuse to accept; in which event he is not liable at law t