Great Western Manufacturing Co. v. Burns & Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) A cause of action accrues when the defendant’s liability becomes complete. Kennedy v. Burrier, 36 Mo. 128-130 ;■ Mundt v. Bailroad, 31 Wis. 451. A debt accrues upon a contract, unless otherwise pro-' vided, when the claimant has fully performed, and not before.
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Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) A cause of action accrues when the defendant’s liability becomes complete. Kennedy v. Burrier, 36 Mo. 128-130 ;■ Mundt v. Bailroad, 31 Wis. 451. A debt accrues upon a contract, unless otherwise pro-' vided, when the claimant has fully performed, and not before. (2) Under our mechanics’ lien statutes and others similar to ours, the limitation does not begin to run until the consummation of the contract, until the material or machinery called for by the contract is all furnished as stipulated. Phillips on Mechanics7 Liens…
1Opinion of the CourtEllison, J.
The decision in this case turns upon the question of , the time at which the indebtedness “accrued” under section 6709, Revised Statutes, 1889. The machinery sold by this plaintiff was a single piece of property, bought by defendant and accepted by him as one piece of property for an agreed price of $982.93, for which two notes were executed. By the express terms of the statute aforesaid the lien must be filed within six months “after the indebtedness shall have accrued.” So that if the indebtedness accrued at the time the machine was delivered and the notes executed the alleged lien was not…
2Cases cited3 opinions
- McMurray v. TaylorSupreme Court of Missouri · 1860
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- Miller v. WhitelawMissouri Court of Appeals · 1888
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- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
- Floreth v. McReynoldsMissouri Court of Appeals · 1920
- Feeny v. RothbaumMissouri Court of Appeals · 1911
- United States Water Co. v. Sunny Slope Realty Co.Missouri Court of Appeals · 1911
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