Mississippi Planing Mill v. Presbyterian Church
Supreme Court of Missouri
Error to Cole Circuit Court. I. The lien paper, which had' been filed in the name of “Mississippi Planing Mill Company,” which was not the name of the plaintiff, was inadmissible. (32 Mo., 218.) II. The mechanic’s lien law, being in derogation of common law, must be strictly complied with. (28 Mo., 188 ; 15 Mo. 281.; 1 E. D. Smith, 654.) The evidence cannot be supplied by parol testimony. (38 Mo., 188.) III.
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Error to Cole Circuit Court. I. The lien paper, which had' been filed in the name of “Mississippi Planing Mill Company,” which was not the name of the plaintiff, was inadmissible. (32 Mo., 218.) II. The mechanic’s lien law, being in derogation of common law, must be strictly complied with. (28 Mo., 188 ; 15 Mo. 281.; 1 E. D. Smith, 654.) The evidence cannot be supplied by parol testimony. (38 Mo., 188.) III. There is no evidence that the church ever authorized the contract or ratified it afterwards. Corporations must speak by their records, if anv kent, and there were in this case. (80 Mo.,…
1Opinion of the CourtVories, Judge
This action was brought to recover for materials sold to defendant Faulk, to be used by him in the erection of a house in the petition named, erected by him for the other defendants, and to enforce a mechanic’s lien against said house, &c.
The petition stated, that the plaintiff was a corporation incorporated under the laws of this State; that the defendant, Mr. D. Faulk, prior to the 24th day of September, 1867, entered into a contract with the defendants, Austin A. King, Jr., O. G. Burch, E. W. Parsons, N. C. Burch, and D. G. Steele, who were the trustees of the Presbyterian Church of…
2Cases cited1 opinion
- Miller v. FaulkSupreme Court of Missouri · 1871
3Cited by9 opinions
- Eddy v. LafayetteCourt of Appeals for the Eighth Circuit · 1892
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
- Rosina v. TrowbridgeNevada Supreme Court · 1888
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- T. A. Miller Lumber Co. v. OliverMissouri Court of Appeals · 1896
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