Henry v. Bunker
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gíill, Judge. ' Statement of case by the court. This was an action to enforce a mechanic’s lien against the property of the defendants Bunker and McEwen. The defendants Remick and Stone were the original contractors for the erection of the building on the premises described in the petition. The lien was sought on account of material furnished to the original contractors and used by them in the construction of the building.
Read the full summary
Appeal from Jackson Circuit Court, Hon. Turner A. Gíill, Judge. ' Statement of case by the court. This was an action to enforce a mechanic’s lien against the property of the defendants Bunker and McEwen. The defendants Remick and Stone were the original contractors for the erection of the building on the premises described in the petition. The lien was sought on account of material furnished to the original contractors and used by them in the construction of the building. Remick «festone made default. The case, as to Bunker and McEwen, was submitted to the court, sitting as a jury, upon an…
1Opinion of the CourtHall, J.
The plaintiffs were not original • contractors. Section 3190, Revised Statutes, provides that, *653“every person, except the original contractor, who may wish to avail himself of the provisions of this article, shall give ten days’ notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due.”
In the case of Towner v. Remick (19 Mo. App. 205), Bunker & McEwen were, as they are in this case, the owners of the property, being tenants in…
2Cases cited2 opinions
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Towner v. RemickMissouri Court of Appeals · 1885
3Cited by1 opinion
- Blackshear v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1943