McAdow v. Miltenberger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court, — Hon. John A. Talty; Judge. The contract for the mantels being the joint contract of Miltenberger and Whittier, plaintiffs lost their right to a mechanics’ lien by joining. in one lien account the items furnished under said joint contract, with the other items furnished under,, contracts with W. H. Miltenberger alone.
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Appeal from the St. Louis City Circuit Court, — Hon. John A. Talty; Judge. The contract for the mantels being the joint contract of Miltenberger and Whittier, plaintiffs lost their right to a mechanics’ lien by joining. in one lien account the items furnished under said joint contract, with the other items furnished under,, contracts with W. H. Miltenberger alone. Plaintiffs should have filed separate lien accounts and separate suits to establish and enforce them, because they were different parties with separate and' distinct rights. Allen v. Smelting Co., 73 Mo. 688; Dugan v. Higgs, 43 Mo.…
1Opinion of the Court
Bland, P. J. —
statement. In March, 1895, Miltenberger was the owner of a lot of ground fronting three hundred and forty feet on the north line of Lindell Boulevard in the city of St. Louis, which he subdivided into nine lots and commenced the erection thereon of nine dwelling houses, numbered 4103, 4107, 4111, 4115, 4117, 4121, 4125, 4129 and 4133. On June 27, 1895, Miltenberger and wife executed nine deeds of trust, each of which covered one of these houses, all of which were recorded June 28, 1895. Six of these trust deeds were made to August G-ehner, for Joseph Dormitzer, to secure the…
2Cases cited8 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Weil v. PostenSupreme Court of Missouri · 1883
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Bruce ex rel. Pullis v. SimsSupreme Court of Missouri · 1863
- Murphy v. MurphyMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hiller v. SchulteMissouri Court of Appeals · 1913
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
- Cousins v. BowlingMissouri Court of Appeals · 1903