Wycoff v. Epworth Hotel Construction & Real Estate Co.
Missouri Court of Appeals
'Appeal from St. Louis County Circuit Court. — Son. John W. McElhinney, Judge. (1) Plaintiff’s instruction No. 1 should have been given and defendant’s instruction No. 2 should have been refused, and all evidence of acts of the trust company, defendant, acting as assignee under the assignment, should have been excluded on the objection of the plaintiff, because defendant had not laid the foundation for such instruction or evidence by its pleading or preliminary evidence, (a)…
Read the full summary
'Appeal from St. Louis County Circuit Court. — Son. John W. McElhinney, Judge. (1) Plaintiff’s instruction No. 1 should have been given and defendant’s instruction No. 2 should have been refused, and all evidence of acts of the trust company, defendant, acting as assignee under the assignment, should have been excluded on the objection of the plaintiff, because defendant had not laid the foundation for such instruction or evidence by its pleading or preliminary evidence, (a) Said trust company, as a corporation, is an artificial body restricted in its powers and functions to the enabling act…
1Opinion of the CourtNortoni, J.
This is a suit to enforce a mechanic’s lien against a hotel building and an acre of land on which it is situate in St. Louis county. The plaintiff recovered a personal judgment against the original contractor by default on his cause of action, but the court declined to enforce the lien against the property, the title to which now resides in the other defendant. The lien having been denied and judgment given for the defendant Trust Company of St. Louis County to that effect, plaintiff prosecutes the appeal.
It appears that plaintiff contracted with the defendant, Epworth Hotel Construction and…
2Cases cited11 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Roan v. WinnSupreme Court of Missouri · 1887
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Eppright v. KauffmanSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Household Finance Corporation v. AveryMissouri Court of Appeals · 1972
- Matthews v. StephensonMissouri Court of Appeals · 1913
- Bewick v. PriceMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.