Kneisley Lumber Co. v. Edward B. Stoddard Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. Jwines T. Seville, Judge. (1) As between tbe claimant and tbe land owners, whose property bas been enhanced by tbe material furaished under a contract for construction,, often very, vague descriptions of items furnished, or of property to be charged, will be held good and sufficient, but which, as to strangers to the contract might not be so held; and, clearly, the itemization here in this case is sufficient, Rail v. McCrary, 45 Mo.
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Appeal from Greene Circuit Court. — Son. Jwines T. Seville, Judge. (1) As between tbe claimant and tbe land owners, whose property bas been enhanced by tbe material furaished under a contract for construction,, often very, vague descriptions of items furnished, or of property to be charged, will be held good and sufficient, but which, as to strangers to the contract might not be so held; and, clearly, the itemization here in this case is sufficient, Rail v. McCrary, 45 Mo. App. 365; DeWitt v. Smith, 63 Mo. 263; Henry v. Plitt, 84 Mo. 237; Chicago, etc., Co. v. Des M’oines Park, 97 Iowa 25;…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. It is apparent that the learned circuit judge erred in holding there could he no personal judgment against the defend- ' ant Hayward. He was a member of the firm of Edward B. Stoddard Company and was one of the original debtors for the material in controversy. As he was personally served with process in the case, plaintiffs were entitled to judgment against him. The court below was under the impression that Hayward, as well as Stoddard, had been brought into court by constructive service and, therefore, was not amenable to a personal judgment. Counsel for the…
2Cases cited28 opinions
- Ittner v. HughesSupreme Court of Missouri · 1896
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Henry v. PlittSupreme Court of Missouri · 1884
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
- Banner Lumber Co. v. RobsonMissouri Court of Appeals · 1914
- Glasco Electric Co. v. Best Electric Co.Missouri Court of Appeals · 1988
- Joplin Sash & Door Works v. ShadeMissouri Court of Appeals · 1909
- Compton v. Jennings Lumber Co.Court of Appeals of Texas · 1924
9 more not listed; retrieve them via the Exa API.