Legal Opinion

St. Louis Radiator Manufacturing Co. v. Hendricks

Missouri Court of Appeals

Decided November 23, 1897PublishedCited by 7 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The court erred in refusing to give the second instruction requested by plaintiff. The court should have declared as a matter of law that the mechanic’s lien attached to radiators. Buchanan v. Cole, 57 Mo. App. 11; Kelly v. Rowane, 33 Id. 440; Capehart v. Foster, 63 N. W. Rep. (Minn.) 257; DimmicJc v. Cooh, 115 Pa. St. 573; Banlcv. North, 160 Id. 303; Goodinv. Flleardsville, 5 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The court erred in refusing to give the second instruction requested by plaintiff. The court should have declared as a matter of law that the mechanic’s lien attached to radiators. Buchanan v. Cole, 57 Mo. App. 11; Kelly v. Rowane, 33 Id. 440; Capehart v. Foster, 63 N. W. Rep. (Minn.) 257; DimmicJc v. Cooh, 115 Pa. St. 573; Banlcv. North, 160 Id. 303; Goodinv. Flleardsville, 5 Mo. Ápp. 31; Rogers et al. v. Crow, 40 Mo. 94; Coolc v. McNiel, 49 Mo. App. 81; Sosmonv. Conlon, 57 Id. 31; Thomas v. Davis, 76 Mo. 72. The…

1Opinion of the CourtBond, J.

The plaintiff seeks to enforce a mechanic’s lien for the reasonable value for certain loops of iron attached to pipes in the residence of defendant, Fannie' Carroll, through which hot water is carried from a boiler in the basement of the building for the purpose of radiating heat. On trial in the circuit court there was a verdict for plaintiff against one of the contractors (the other not being served), for $222, and also a finding that plaintiff was not entitled to a lien. From a judgment on this verdict the present appeal is prosecuted by plaintiff.

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2Cases cited3 opinions

  1. Rogers v. CrowSupreme Court of Missouri · 1867
  2. Thomas v. DavisSupreme Court of Missouri · 1882
  3. Wright v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894

3Cited by7 opinions

  1. Leawood National Bank of Kansas City v. City National Bank & Trust Co. of Kansas CityMissouri Court of Appeals · 1971
  2. Security Stove & Manufacturing Co. v. StevensMissouri Court of Appeals · 1928
  3. Oberjuerge Rubber Co. v. State Tax CommissionMissouri Court of Appeals · 1984
  4. Harry Cooper Supply Co. v. Gillioz, 5560 (mo.banc 6-16-1937)Supreme Court of Missouri · 1937
  5. Cunningham v. MayesMissouri Court of Appeals · 1916

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