City of St. Louis v. Keane
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Geobge W. Lubke, Judge. The attempted assignment of Murphy to Keane being for part only of the fund, and not assented to by the city, was void at law and in equity. j Burnett v. Crandell, 63 Mo. 410. And this point can be taken by any one interested in the fund.
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Appeal from the St. Louis Circuit Court, Geobge W. Lubke, Judge. The attempted assignment of Murphy to Keane being for part only of the fund, and not assented to by the city, was void at law and in equity. j Burnett v. Crandell, 63 Mo. 410. And this point can be taken by any one interested in the fund. Bank v. Coates, 79 Mo. 169 ; Dickinson v. Coates, 79 Mo. 250. This provision of the contract, and the retention of the fund by the city, created a lien or trust in favor of the material men superior to the claim of Keane, which a court of equity will enforce. Luthy v. Woods, 6 Mo. App. 67;…
1Opinion of the CourtRomb alter, J.
Under date of April 28, 1884, the city of St, Louis entered into a written contract with John C. Murphy as principal, and the interpleader, William Keane, as one of his sureties, whereby the latter covenanted to construct Gringrass sewer in part, and the city agreed to pay Murphy, for the work and materials,, certain specified prices.
The payments were to be made upon the certificate of the sewer commissioner, and the contract contained the following clause:
“If the contractor shall fail to pay the laborers employed on the work, or to pay for materials used therein, the sewer commissioner may…
2Cases cited3 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Heiman v. FisherMissouri Court of Appeals · 1881
3Cited by6 opinions
- City of St. Louis v. O'Neil Lumber Co.Supreme Court of Missouri · 1893
- City of St. Louis v. O'Neil Lumber Co.Missouri Court of Appeals · 1890
- Webb & Co. v. Midway Lumber Co.Missouri Court of Appeals · 1897
- Bush v. ArnoldMissouri Court of Appeals · 1892
- Lombard Governor Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
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