Spengler v. Stiles-Tull Lumber Co.
Mississippi Supreme Court
From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. The Stiles-Tull Lumber Company and others, appellees, were plaintiffs in the court below; Augustine Spengler, and another, appellants, doing business under the copartnership name, A. & S. Spengler, were defendants there. From a judgment in plaintiffs’ favor defendants appealed to the supreme court. The opinion of the court in response to the suggestion of error fully states the facts.
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From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. The Stiles-Tull Lumber Company and others, appellees, were plaintiffs in the court below; Augustine Spengler, and another, appellants, doing business under the copartnership name, A. & S. Spengler, were defendants there. From a judgment in plaintiffs’ favor defendants appealed to the supreme court. The opinion of the court in response to the suggestion of error fully states the facts. The principal question for determination is: Has one, to whom a contractor has given a written assignment of moneys due and to become due…
1Opinion of the CourtWhitfield, C. J.
The ease of Peck-Hammond Company v. Williams, 77 Miss. 324, 27 South. 995, controls this case perfectly. The court erred, therefore, in holding the contrary view. The judgment should have awarded the appellants the whole of the value of the amount furnished by them; and the other parties, as correctly held by the court, so far as priority is concerned, would be entitled to the balance in the order in which they served notice upon the owner, as shown by the pleadings and the agreed statement of facts.
Reversed and remanded.
Mayes, J., dissented.
The counsel for appellees filed a suggestion of…
2Cases cited24 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- People v. LilleyMichigan Supreme Court · 1880
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
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3Cited by21 opinions
- Le Grand v. HubbardSupreme Court of Alabama · 1927
- Chancellor v. MelvinMississippi Supreme Court · 1951
- McDaniel Bros. Construction v. Burk-Hallman Co.Mississippi Supreme Court · 1965
- St. Regis Pulp & Paper Corp. v. FloydMississippi Supreme Court · 1970
- Dickson v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1928
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