Johnson County v. Bryson
Missouri Court of Appeals
Error to Johnson Circuit Court, How. Noah M. Givan, Judge. The case and facts are stated in the opinion of the court. I. The agreement between Keene and Guihen was an equitable assignment, pro tanto, of the proceeds of the contract between Keene and the county, as the-material furnished amounted to. In order to establish it, it was not necessary that it should have been in express terms ; nor in writing. Smith v. Sterritt, 24 Mo. 260; 2 Story’s Eq.
Read the full summary
Error to Johnson Circuit Court, How. Noah M. Givan, Judge. The case and facts are stated in the opinion of the court. I. The agreement between Keene and Guihen was an equitable assignment, pro tanto, of the proceeds of the contract between Keene and the county, as the-material furnished amounted to. In order to establish it, it was not necessary that it should have been in express terms ; nor in writing. Smith v. Sterritt, 24 Mo. 260; 2 Story’s Eq. Jur., sect. 1047; Dillon v. Barnard, 1 Holmes (U. S. Circt. Ct.) 386; In re Strand Music Hall Co., 3 De Gex, J. & S. 147; Williams v. Ingersoll,…
1Opinion of the CourtEllison, J.
One Keene contracted with Johnson *347county to erect abutments for an iron bridge which was to be built over one of the streams in that county. He claimed there was due him for this work $771.65. On November 24, 1885, he assigned, in writing, his claim to interpleader Bryson. Some time prior to this assignment, and before he had begun his work, he contracted for stone with interpleader Guihen, to be put into the abutments. Guihen objected to furnishing the stone unless he was secured; thereupon Keene verbally assigned to him, as is contended, as much of Ms (Keene’s) claim against the county as…
2Cases cited4 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Fourth National Bank v. NoonanSupreme Court of Missouri · 1885
- Rutherford v. StewartSupreme Court of Missouri · 1883
3Cited by12 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Wood v. CasserleighSupreme Court of Colorado · 1902
- State ex rel. State Highway Commission v. County of CamdenMissouri Court of Appeals · 1965
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- Schubert v. HerzbergMissouri Court of Appeals · 1896
7 more not listed; retrieve them via the Exa API.