Madison County Coal Co. v. Steamboat Colona
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. Tbe item for towing said boat is clearly within the second clause of the first section of the act. This clause gives a lien for “ labor done ” by “ tradesmen and others in building, repairing, getting out, furnishing, or equipping thereof.” But if there be any doubt of its being embraced in this clause, there certainly can be none that it is so embraced in the fourth .clause of said section.
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Error to St. Louis Circuit Court. I. Tbe item for towing said boat is clearly within the second clause of the first section of the act. This clause gives a lien for “ labor done ” by “ tradesmen and others in building, repairing, getting out, furnishing, or equipping thereof.” But if there be any doubt of its being embraced in this clause, there certainly can be none that it is so embraced in the fourth .clause of said section. This fourth clause gives a lien “for all demands accruing from the non-performance of any contract touching the transportation of persons or property.” This contract…
1Opinion of the CourtHolmes, Judge
This was a suit under the “ Act concerning boats and vessels” (R. C. 1855, p. 803, § 1), upon the following demand:
Steamboat Colona Dr. to the Madison Coal Company.
1860. Feb. 21. To 300 bush, coal, at 10 cts. - - $30 00
“ Mar. 16. “ 300 “ “ “ “ - - - 30 00
“ Nov. 2. towing said boat and taking in lines 10 00
“ “ 6. “ 300 bush, coal, at 8J cts. - - - 24 22
$94 22
*448The answer admitted the last item, but denied that there was any lien on the boat for the other items ; and upon the trial, the court instructing the jury to that effect, judgment was rendered for the plaintiff for the last item only. The…
2Cases cited2 opinions
- Gleim v. Steamboat BelmontSupreme Court of Missouri · 1847
- Carson v. Steamboat Daniel HillmanSupreme Court of Missouri · 1852
3Cited by10 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Wyatt v. Citizens Railway Co.Supreme Court of Missouri · 1874
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- National Bank of Commerce v. LaughlinSupreme Court of Missouri · 1924
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