Legal Opinion

Skrainka v. Rohan

Missouri Court of Appeals

Decided June 9, 1885PublishedCited by 5 opinions

Appeal from the St. Louis Circuit Court, Horner, J* The judgment establishing the lien is conclusive. Picot ». Signiago, 27 Mo. 125. The. lien having been established as between the sureties and the creditor, has the like effect as between the sureties. The State to use v. Thornton, 8 Mo. App. 27. The right to mechanic’s lien attached to the building in controversy.

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Appeal from the St. Louis Circuit Court, Horner, J* The judgment establishing the lien is conclusive. Picot ». Signiago, 27 Mo. 125. The. lien having been established as between the sureties and the creditor, has the like effect as between the sureties. The State to use v. Thornton, 8 Mo. App. 27. The right to mechanic’s lien attached to the building in controversy. Schulenburg v. Railroad, 67 Mo. 442; Hill v. Railroad, 11 Wis. 214: Bottsford v. Railroad, 41 Conn. 454. • A surety can recover contribution only where he has paid money on a joint co-liability of himself and his co-surety.…

1Opinion of the CourtLewis, P. J.

Alexander McCully contracted with the Missouri Pacific railroad company for the furnishing of materials and the construction of stone-work, on land owned by the company, for a large building, a comparatively small part of which was to be used for general offices, and the remainder as a freight depot, into which the cars of the company were to run. He executed a bond to the company, with the present plaintiffs and defendants as his sureties, in the sum of $5,000, with the condition that “the said Alexander McCully shall well and truly do and perform all said work, shall furnish the necessary…

2Cases cited4 opinions

  1. Thomas v. . HubbellNew York Court of Appeals · 1857
  2. Dunn v. North Missouri RailroadSupreme Court of Missouri · 1857
  3. Hill v. La CrosseWisconsin Supreme Court · 1860
  4. Schulenburg v. Memphis, Carthage & Northwestern R. R.Supreme Court of Missouri · 1878

3Cited by5 opinions

  1. Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
  2. McNulty Bros. v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1922
  3. Ramsey v. HicksMissouri Court of Appeals · 1893
  4. Sweaney v. Kansas City Railway Co.Missouri Court of Appeals · 1893
  5. Ladd v. Chamber of CommerceOregon Supreme Court · 1900

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