Fulton Iron Works v. North Center Creek Mining & Smelting Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. The finding and judgment of the court are unsupported by the law or the evidence. Baylan v. Victory, 40 Mo. 244; Madison, etc., Co. v. Colona, 86 Mo. 446. The materials not having been furnished under one contract, the lien was lost as to that furnished more than six months before commencement of lien proceedings.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. The finding and judgment of the court are unsupported by the law or the evidence. Baylan v. Victory, 40 Mo. 244; Madison, etc., Co. v. Colona, 86 Mo. 446. The materials not having been furnished under one contract, the lien was lost as to that furnished more than six months before commencement of lien proceedings. Phillips on Mechanics’ Lien, § 324; Watts v. Whittington, 48 Md. 353; Trustees, etc., v. Mill, 44 Md. 454; Sweet v. James, 2 E. 1.270 ; Lawrence v. Wright, 33 Mo. 31; Phillips v. Duncan, 1 Pitts. (Pa.) 125 ; Spencer v.…
1Opinion of the CourtNorton, J.
This suit was brought to enforce a mechanic’s lien for materials, fixtures, engines and machinery furnished and sold to the defendant for buildings, structures, engines and machinery for certain buildings and machinery known as reduction and dressing works for reducing, cleaning and dressing zinc and lead ores, situated on certain land in the petition described.
The date of the first, item of the account was March 29th, 1878, for crusher jaws, mineral rolls, etc. The account then ran through April, May and up to September 16th, 1878. The next item in the account was April 23rd, '1879, with…
2Cases cited3 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Madison County Coal Co. v. Steamboat ColonaSupreme Court of Missouri · 1865
- Boylan v. The Steamboat VictorySupreme Court of Missouri · 1867
3Cited by11 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.