Legal Opinion

Midland Lumber Co. v. Kreeger

Missouri Court of Appeals

Decided January 16, 1893PublishedCited by 14 opinions

Appeal from the Jackson Circuit Cowt. — Hon. Mathew A. Fyke, Special Judge. ' (1) The defendant went to the plaintiff’s place of business for the purpose of ascertaining whether the lumber furnished for his house was being paid for. He went to the proper agent of the company to ascertain this fact, the agent in charge of the books of accounts. That agent gave him false information concerning the books, and thus led him to believe that the lumber was being paid for.

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Appeal from the Jackson Circuit Cowt. — Hon. Mathew A. Fyke, Special Judge. ' (1) The defendant went to the plaintiff’s place of business for the purpose of ascertaining whether the lumber furnished for his house was being paid for. He went to the proper agent of the company to ascertain this fact, the agent in charge of the books of accounts. That agent gave him false information concerning the books, and thus led him to believe that the lumber was being paid for. Relying upon this, the defendant paid the contractor. Upon this state of facts, as found by the referee, it would be unjust to…

1Opinion of the CourtSmith, P. J.

This is an action by the plaintiff corporation to enforce a mechanics’ lien for materials furnished by it to a contractor who used the same in a house built by him for the defendant. The case went to a referee who made a finding of facts and a report thereon of his conclusions of .law. Judgment on the report was for plaintiff and from which defendant appeals.

Two questions are raised by defendant’s exceptions to the report of the referee which we must decide. The first of these is, whether the plaintiff is estopped from claiming a lien by the acts and conduct of its bookkeeper as found by the…

2Cases cited15 opinions

  1. Taylor v. ZeppSupreme Court of Missouri · 1851
  2. Bales v. PerrySupreme Court of Missouri · 1873
  3. Acton v. DooleySupreme Court of Missouri · 1881
  4. Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
  5. Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  2. Gross v. StateCourt of Criminal Appeals of Texas · 1911
  3. Baldwin v. Scott County Milling Co.Supreme Court of Missouri · 1938
  4. Gregmoore Orchard Co. v. GilmourMissouri Court of Appeals · 1911
  5. Walters v. HamiltonMissouri Court of Appeals · 1898

9 more not listed; retrieve them via the Exa API.

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