Ray County Savings Bank v. Cramer
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. James M. . Sandusky, Judge. .,.(4) The action must be prosecuted in the name of ■the real party in interest, which in this case is the Ray County Savings Bank. Revised Statutes, Mo.
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Appeal from the Bay Circuit Court. — Hon. James M. . Sandusky, Judge. .,.(4) The action must be prosecuted in the name of ■the real party in interest, which in this case is the Ray County Savings Bank. Revised Statutes, Mo. (1889), ch. 33, sec. 1990, art. 1, p. 526. (2) The mechanics’ lien in this case could not have been filed or maintained in the name of Charles W. Nicholson, for the reason that Nicholson had parted with his interest in the brick to the Ray County Savings Bank before they were sold and put in the walls of the high school. He had only the right under the mortgage to sell,…
1Opinion of the CourtSmith, P. J.
— This is a suit on a mechanics’ lien. The trial court adjudged the plaintiff’s petition insuffi•cient on demurrer. It alleged that all of the defendants, except Cramer, were the trustees of the college building and grounds belonging to the Plattsburg district conference of the Missouri conference of the Methodist Episcopal Church, South, situate in Richmond, Ray county; that C. W. Nicholson, as agent for plaintiff, sold and delivered 150,000 brick to defendant, •Cramer, the original contractor, for the erection of said •college building; that said brick were furnished for and used in the…
2Cases cited6 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Kennedy v. DodsonMissouri Court of Appeals · 1891
- Brown v. HawkinsMissouri Court of Appeals · 1893
- Brown v. Chicago, Santa Fe & California Railway Co.Court of Appeals of Kansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hobbs v. Board of EducationNebraska Supreme Court · 1934
- Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.Missouri Court of Appeals · 1926
- Rector, Churchwardens & Vestrymen of the Church of the Nativity v. FlemingNew York Supreme Court · 1940