SHELTON ENG. CONTRS., LTD. v. HAWAIIAN PAC. INDUS., INC.

Nos. 4690, 4691.

456 P.2d 222 (1969)

SHELTON ENGINEERING CONTRACTORS, LTD., an Hawaiian Corporation v. HAWAIIAN PACIFIC INDUSTRIES, INC., a Hawaii Corporation, Owner, and Mark Construction, Inc., a Hawaii Corporation, Principal Contractor. SHELTON ENGINEERING CONTRACTORS, LTD., an Hawaiian Corporation v. MARK CONSTRUCTION, INC., an Hawaiian Corporation and Bank of Hawaii, and all its Branches and Offices, Garnishee.

Supreme Court of Hawaii.

June 13, 1969.


Attorney(s) appearing for the Case

Joseph A. Ryan, Ryan & Ryan, Honolulu, for appellant.

George R. Ariyoshi, Honolulu, for respondent.

Before RICHARDSON, C.J., ABE and LEVINSON, JJ., KING, Circuit Judge, in place of MARUMOTO, J., disqualified, and HAWKINS, Circuit Judge, assigned by reason of vacancy.


RICHARDSON, Chief Justice.

Shelton Engineering Contractors, Ltd., subcontractor, filed an assumpsit action against Mark Construction, Inc., the prime contractor, and Bank of Hawaii, garnishee, on November 4, 1966. Five months later, the subcontractor filed a notice of mechanic's and materialman's lien affecting forty-four lots in the Enchanted Hill Estates, Unit VII, and subsequently filed a suit to foreclose the lien against Hawaiian Pacific Industries, Inc., the...

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