Legal Opinion

Winslow Bros. v. McCully Stone Mason Co.

Supreme Court of Missouri

Decided June 18, 1902PublishedCited by 21 opinions

Appeal from St. Louis City Circuit Court. — Hon. P. B. Plilcraft, Judge. (1) The court erred in giving the instructions asked by plaintiff, and in refusing and modifying instructions asked by the appellants. E. S. 1899,, sec. 4203; Squires v. Eitbian, 27 Mo. 134; Porter v. Tooke, 35 Mo. 107; Bridewell v. Clark, 39 Mo. 170; Crandall v. Cooper, 62 Mo. 478; Schulenburg v. Hayden, 146 Mo. 583; Kline v. Perry, 51 Mo. App. 422; Garnett v. Berry, 3 M.o.

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Appeal from St. Louis City Circuit Court. — Hon. P. B. Plilcraft, Judge. (1) The court erred in giving the instructions asked by plaintiff, and in refusing and modifying instructions asked by the appellants. E. S. 1899,, sec. 4203; Squires v. Eitbian, 27 Mo. 134; Porter v. Tooke, 35 Mo. 107; Bridewell v. Clark, 39 Mo. 170; Crandall v. Cooper, 62 Mo. 478; Schulenburg v. Hayden, 146 Mo. 583; Kline v. Perry, 51 Mo. App. 422; Garnett v. Berry, 3 M.o. App. 197; Hughes v. Anslyn, 7 Mo. App. 400; Planing Mill v. Brundage, 25 Mo. App. 268; Carthage v. Bauman, 44 Mo. App. 386; Barker v. Berry, 8 Mo.…

1Opinion of the CourtMaeshall, J.

— This is a subcontractor’s mechanic’s lien suit to establish a lien on a lot on the corner of Fifteenth and Olive streets, in St. Louis. There was a verdict and judgment for the plaintiff, and the defendants appealed.

Briefly stated the facts are these:

On April 16, 1898, the Van Eaalte Investment Company owned the said lot, on which there was a partially erected building, that is, the foundations and the walls up to1 the second story were built. This company had a capital stock of fifty thousand dollars, which was held as follows: Simon Van Eaalte and Julius Van Eaalte, two hundred and forty…

2Cases cited5 opinions

  1. Kuenzel v. StevensSupreme Court of Missouri · 1900
  2. Kelly v. ThueySupreme Court of Missouri · 1890
  3. Norton v. ClarkSupreme Judicial Court of Maine · 1893
  4. Hull v. JonesSupreme Court of Missouri · 1879
  5. Burgwald v. WeippertSupreme Court of Missouri · 1871

3Cited by21 opinions

  1. Ward v. NoldeSupreme Court of Missouri · 1914
  2. Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
  3. Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
  4. Potter v. ConleySupreme Court of Kansas · 1911
  5. Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923

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