Legal Opinion

Hoffman v. Hynes

Supreme Court of Missouri

Decided October 15, 1865PublishedCited by 16 opinions

Appeal from St. Louis Land Court. The plaintiffs having filed a lien for a greater sum than that due them after all just credits given, have thereby lost the right to enforce any lien against the defendants’ property. (Thatcher v. Powell, 6 Wheaton, 119; McCay’s Appeal, 37 Penn. Stat. 125; Edgar v. Salisbury, 17 Mo. 271.) I. The statute establishes a privity and liability between the sub-contractor and the owner of the property. (23 Mo.

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Appeal from St. Louis Land Court. The plaintiffs having filed a lien for a greater sum than that due them after all just credits given, have thereby lost the right to enforce any lien against the defendants’ property. (Thatcher v. Powell, 6 Wheaton, 119; McCay’s Appeal, 37 Penn. Stat. 125; Edgar v. Salisbury, 17 Mo. 271.) I. The statute establishes a privity and liability between the sub-contractor and the owner of the property. (23 Mo. Ill; White v. Miller, 6 Harris, 54, and 31 Yt. 221.) II. The mere mistake in the amount, which was corrected on the trial, did not vitiate the whole claim.…

1Opinion of the CourtWagner, Judge

There is but one question in this case which it is deemed necessary to notice, and that is, whether the failure on the part of the plaintiffs to give all the just credits to which the defendants were entitled when the demand was filled, worked a forfeiture of the lien. The account filed, for which a lien was asked, was for the sum of $1,771.14, and it was admitted that before the filing of the same the sum of $160 had been paid thereon, which had been neglected to be credited.

By an act entitled “ An act for the better security of mechanics and others erecting buildings or furnishing materials…

2Cases cited1 opinion

  1. Heamann v. PorterSupreme Court of Missouri · 1864

3Cited by16 opinions

  1. Gibbs v. HanchetteMichigan Supreme Court · 1892
  2. Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
  3. Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
  4. Craig v. HerzmanNorth Dakota Supreme Court · 1899
  5. Nicolai v. Van FridaghOregon Supreme Court · 1892

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