Legal Opinion

Downey v. Higgs

Missouri Court of Appeals

Decided May 12, 1890PublishedCited by 3 opinions

Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff, having failed to give the name of the contractor, A. A. Frazier, in his lien, the same is void. Hoffman v. Walton, 36 Mo. 618; Kelly v. Laws, 109 Mass. 395; Ward v. Blade, 7 Phil. Pa. 342; Phillips on Mech. Liens [ 2 Ed. ] sec. 21, 345. (1) A. A. Frazier, the original contractor, is not a necessary party to the suit, and, consequently, is not a necessary party to the lien.

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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff, having failed to give the name of the contractor, A. A. Frazier, in his lien, the same is void. Hoffman v. Walton, 36 Mo. 618; Kelly v. Laws, 109 Mass. 395; Ward v. Blade, 7 Phil. Pa. 342; Phillips on Mech. Liens [ 2 Ed. ] sec. 21, 345. (1) A. A. Frazier, the original contractor, is not a necessary party to the suit, and, consequently, is not a necessary party to the lien. Goff v. Papin, 34 Mo. 180; Steinmann v. Sir imple, 29 Mo. App. 482; Whitmeyer v. Bart, 29 Mo. App. 569; Foster v. Wulfing, 20 Mo. App. 87; Fruin…

1Opinion of the CourtGill, J.

One Frazier was contractor with Laura F. Higgs for the erection of a block of buildings on land belonging to Mrs. Higgs in Kansas City. Defendants *217Richards & Banfield agreed with Frazier to do the brick work. Plaintiff Downey, under contract with said firm of Richards & Banfield, supplied the brick for, and which were used in, said block of buildings. The brick were not fully paid for, leaving a balance due Downey of three hundred and fifty-nine dollars, and the suit was brought to enforce a mechanics’ lien against Mrs. Higgs’ property. The judgment in the circuit court was for the plaintiff…

2Cases cited3 opinions

  1. Foster v. WulfingMissouri Court of Appeals · 1885
  2. Goff v. PapinSupreme Court of Missouri · 1863
  3. Rozelle v. HarmonMissouri Court of Appeals · 1888

3Cited by3 opinions

  1. Edward McLundie & Co. v. MountMissouri Court of Appeals · 1909
  2. Hughes Bros. Paint & Hardware Co. v. PrewittMissouri Court of Appeals · 1913
  3. Cahill, Collins & Co. v. ElyMissouri Court of Appeals · 1893

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