Haynes, Spencer & Co. v. Second Baptist Church
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. cited : Cincinnati v. Stone, 6 Ohio St. 39; Railroad Co. v. Hanning, 15 Wall. 649. Nothing short of inevitable accident will excuse.' — - Gault v. Humes, 20 Md. 297; Burton v. Davis, 15 La.
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Appeal from the St. Louis Circuit Court, Lindley, J. cited : Cincinnati v. Stone, 6 Ohio St. 39; Railroad Co. v. Hanning, 15 Wall. 649. Nothing short of inevitable accident will excuse.' — - Gault v. Humes, 20 Md. 297; Burton v. Davis, 15 La. An. 448 ; Bizzel v. Booker, 16 Ark. 308. The plaintiff in this action can recover for work and materials furnished the defendant, up to the time of the fire, on the ground that the defendant, in the view of the law, was put in default by the destruction of the church building, although no actual negligence be proved against him, upon the principle that,…
1Opinion of the CourtBakewell, J.
This is an action by an incorporated company, to recover of defendant, which is a corporation, the value of certain pews and other wood-work of a church edifice, and labor and materials furnished by plaintiff to defendant. The cause was tried by the court, a jury being waived, and the finding and judgment were for the defendant.
There are record admissions and testimony tending to show the following state of facts : Defendant was erecting a house of worship in St. Louis. It let out the work to different contractors, having separate contracts with the mason, carpenter, and other mechanics. The…
2Cases cited7 opinions
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Cook v. McCabeWisconsin Supreme Court · 1881
- Brumby v. SmithSupreme Court of Alabama · 1841
- Rawson v. ClarkIllinois Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- MFA Mutual Insurance Co. v. Farmers & Merchants Insurance Co.Missouri Court of Appeals · 1969
- Parker v. MacOmberSupreme Court of Rhode Island · 1892
- Fairbanks v. Richardson Drug Co.Missouri Court of Appeals · 1890
- Pike Electric Co. v. Richardson Drug Co.Missouri Court of Appeals · 1890