Missouri Central Lumber Co. v. Stewart Bros.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — IIon. G. E. Longan, Judge. (1)' The payments made by tbe debtor, Stewart, to plaintiffs, and for wbicb Hoffman contends that Stewart ought to have credit as for materials, were not directed by Stewart at the time he made them nor thereafter to be applied in any particular manner. It follows inevitably then, that plaintiffs may declare the application at any time up to and at the trial. 1 Am. Lead.
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Appeal from the Pettis Circuit Court. — IIon. G. E. Longan, Judge. (1)' The payments made by tbe debtor, Stewart, to plaintiffs, and for wbicb Hoffman contends that Stewart ought to have credit as for materials, were not directed by Stewart at the time he made them nor thereafter to be applied in any particular manner. It follows inevitably then, that plaintiffs may declare the application at any time up to and at the trial. 1 Am. Lead. Oases [5 Ed.], pp. 844, 345 to 347; Mayor v. Patten, 4 Cranch, 317 to 321; Brady’s Administration v. -Hill, 1 Mo. 317. That during that time plaintiff may…
1Opinion of the CourtGill, J.
Statement. In the latter part of 1892 the defendants, Stewart Brothers, undertook to erect for defendant Hoffman a large building in Sedalia. They purchased the necessary lumber from the plaintiff corporation. This is a suit to enforce a mechanic’s lien against Hoffman’s building for an alleged balance of $2,023.13. The Stewarts made no defense, but Hoffman contests the lien upon the ground that the lumber account for his building, so furnished by the plaintiff, is entitled to several credits aggregating $T,000; this because of three payments made by Stewart Brothers to plaintiff, to wit:…
2Cases cited1 opinion
- Cloney Crawford & Co. v. RichardsonSupreme Court of Missouri · 1864
3Cited by2 opinions
- D'Yarmett v. CobeSupreme Court of Oklahoma · 1915
- In re Stacy, Wolf Hat Co.Court of Appeals for the Second Circuit · 1938