Steam Stonecutter Co. v. Myers
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Cbow, Judge. (1) Plaintiff can not in this suit maintain its action against defendant Myers on an ¿ccount and also charge the property in the hands of Myers’ vendee, defendant Center Creek Stone Company, with a lien for the purchase price, even though it might be true, which we deny, that defendant company took the machinery in question with knowledge that defendant Myers had not paid the entire purchase price therefor.
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Appeal from the Jasper Circuit Court. — Hon. E. C. Cbow, Judge. (1) Plaintiff can not in this suit maintain its action against defendant Myers on an ¿ccount and also charge the property in the hands of Myers’ vendee, defendant Center Creek Stone Company, with a lien for the purchase price, even though it might be true, which we deny, that defendant company took the machinery in question with knowledge that defendant Myers had not paid the entire purchase price therefor. Phillips v. Flynn, 71 Mo. 424. (2) There is no cause of action stated in plaintiff’s amended petition against Center Creek…
1Opinion of the CourtGill, J.
This case arose out of the following facts: William B. Myers owned some stone land in Jasper county, Missouri, and in December, 1892, organized the Center Creek Stone Company, with a capital of $30,000, one half paid-up shares, distributed as follows: One Laycock, one hundred and fifty shares; Wm. B.Myers, one hundred shares; Carl C. Myers (ason of Wm. B.), fifty shares. William B. Myers, president, wrote to plaintiff for prices on a machine to be used by said Center Creek Stone Company. The correspondence was afterwards carried on between Wm. B. Myers and plaintiff and culminated in Myers…
2Cases cited4 opinions
- National Security Bank v. CushmanMassachusetts Supreme Judicial Court · 1877
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Bedsworth v. BowmanSupreme Court of Missouri · 1890
3Cited by13 opinions
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- State Bank of Morton v. AdamsSupreme Court of Minnesota · 1919
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