L. J. Mueller Furnace Co. v. Burkhart
Supreme Court of Minnesota
Action in the district court for Carver county to recover judgment for $171.51, and foreclose a mechanic’s lien for the same. The case was tried before Tifft, J., who made findings and ordered that the action be dismissed. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtDibell, J.
Action to foreclose a mechanic’s lien for material sold by the plaintiff, a corporation having its principal place of business at Milwaukee, to the Taplin Heating Company, a copartnership doing business at Minneapolis, and by the latter used in the construction of the defendant’s house. The defense was payment to the plaintiff by the heating company. The court *69found payment. The plaintiff appeals from the judgment in favor of the defendant.
1. The rule is that when a debtor pays generally on a continuous account, neither debtor nor creditor making an application, the payments, will be applied…
2Cases cited4 opinions
- Board of County Commissioners v. Citizens' BankSupreme Court of Minnesota · 1897
- Hersey v. BennettSupreme Court of Minnesota · 1881
- Pond & Hasey Co. v. O'ConnorSupreme Court of Minnesota · 1897
- Jefferson v. Church of St. MatthewSupreme Court of Minnesota · 1889
3Cited by6 opinions
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Radichel v. Federal Surety Co.Supreme Court of Minnesota · 1927
- State ex rel. Spillman v. Security State BankNebraska Supreme Court · 1928
- General Electric Co. v. Anchor Casualty Co.Supreme Court of Minnesota · 1958
- A. Y. McDonlald Manufacturing Co. v. LimaSupreme Court of Minnesota · 1932
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