Mills

Mills v. La Verne Land Co.

Good Law
1893 Cal. LEXIS 524·97 Cal. 254·32 P. 169
Supreme Court of CaliforniaFebruary 1, 1893No. 19037California1,293 words

Opinion

Lead Opinion

McFarland, J.

This action was brought to enforce an asserted lien under the mechanic’s lien law. The court below sustained a general demurrer to the complaint, and judgment was rendered for defendants. Plaintiff appeals.

The averments of the complaint are (in brief), that the La Verne company, defendant, was indebted to Meek & Benton in the sum of seven hundred dollars for labor and materials furnished by them for and in the construction of a building on land of said company; that said Meek & Benton, by a written instrument, assigned the indebtedness to plaintiff, and also assigned, if the thing could be done, all their “ right of lien ” against said building and land; and that afterwards, and within the statutory time, plaintiff, as assignee, formally filed in the recorder’s office a notice of claim of lien against said property for the money due said Meek *255 & Benton for the said labor and materials which they had furnished as aforesaid. And we think that the demurrer was properly sustained.

The question presented is, not whether a lien for work or materials can be assigned, or would pass under an assignment of the debt secured, but whether a laborer or material-man can assign his mere…

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