Putnam v. Ross
Supreme Court of Missouri
Jippeal from Jackson Circuit Court. I. The notice of a demand due from Messrs Ross & Shane, contractors, is not sufficient upon a petition alleging that D. M. Ross, was the contractor, and that the demand was due .plaintiffs from D. M. Ross, particularly when the record shows that the firm of Ross & Shane, and not the individual D. M. Ross, were the contractors. II. The original contractors are proper and necessary parties to an action to enforce a mechanic’s lien.
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Jippeal from Jackson Circuit Court. I. The notice of a demand due from Messrs Ross & Shane, contractors, is not sufficient upon a petition alleging that D. M. Ross, was the contractor, and that the demand was due .plaintiffs from D. M. Ross, particularly when the record shows that the firm of Ross & Shane, and not the individual D. M. Ross, were the contractors. II. The original contractors are proper and necessary parties to an action to enforce a mechanic’s lien. (Horstkotte vs. Menier, 50 Mo., 158.) III. The owner of the property, against which a lien is sought, has a right to the benefit…
1Opinion of the CourtAdams, Judge
This was an action to enforce a mechanic’s lien. The plain■tiffs furnished lumber to the defendant, Daniel M. Ross, as contractor, to build a house for the defendants Medsker and others, owners of the property.
The defendant Ross, and one Shane, were the contractors, as partners, for building the house. This partnership was dissolved during the time the house was being erected, and the defendant, Ross, took this job to finish on his own account, with the consent of the owners. Part of the lumber was furnished by the plaintiffs to the firm of Ross & Shane, and the remainder to the defendant,…
2Cases cited2 opinions
- Putnam v. RossSupreme Court of Missouri · 1870
- Horstkotte v. MenierSupreme Court of Missouri · 1872
3Cited by12 opinions
- Vasquez v. Village Center, Inc.Supreme Court of Missouri · 1962
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Hassett v. RustSupreme Court of Missouri · 1876
- Foster v. WulfingMissouri Court of Appeals · 1885
- Fury v. BoecklerMissouri Court of Appeals · 1878
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