Ittner v. Hughes
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. B. FlUcraft, Judge. (1)' As there was no reassignment to Delaney Bros, of any interest in what was coming under this subcontract prior to the filing of the lien and the making of the assignment of May 3d, it follows that Delaney Bros., on May 3d, had been paid in full by the assignment to Ittner, and bad no claim under their contract with Hughes for which they could file a lien, or which they could assign to plaintiff, so…
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Appeal from St. Louis City Circuit Court. — Hon. P. B. FlUcraft, Judge. (1)' As there was no reassignment to Delaney Bros, of any interest in what was coming under this subcontract prior to the filing of the lien and the making of the assignment of May 3d, it follows that Delaney Bros., on May 3d, had been paid in full by the assignment to Ittner, and bad no claim under their contract with Hughes for which they could file a lien, or which they could assign to plaintiff, so that the lien and the assignment of May 3d, sued on by plaintiff, conveyed to plaintiff nothing on which he could recover…
1Opinion of the CourtKobinson, J.
This is an action to enforce a mechanic’s lien, instituted by the plaintiff as assignee of Delaney Bros. The defendant Hughes entered into a contract with the Blackmer & Post Pipe Co., to furnish the material and construct a certain building for a manufacturing establishment in the city of St. Louis. Afterwards Hughes contracted with Delaney Bros., a firm composed of Daniel Delaney and Jerome Delaney, to furnish the materials and do the brick and stone work for said building, Delaney Bros, purchasing the brick therefor from the plaintiff. After finishing their work, Delaney Bros, filed their…
2Cases cited5 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Ittner v. HughesSupreme Court of Missouri · 1896
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Jones v. Hurst.Supreme Court of Missouri · 1878
- Ewing v. ReillySupreme Court of Missouri · 1863
3Cited by4 opinions
- Holland v. CunliffMissouri Court of Appeals · 1902
- Service Purchasing Co. v. BrennanMissouri Court of Appeals · 1931
- Williams Lumber & Manufacturing Co. v. GinsburgSupreme Court of Missouri · 1941
- Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.Missouri Court of Appeals · 1926