Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.
Supreme Court of Missouri
Appeal from, Jefferson Circuit Court. — Hon. Louis E. Dinning, Judge. (1) The articles furnished and work done on the furnace, which was outside of the acre of land described in the lien, were separately itemized, so that they were distinctly picked out; and neither the court nor the trustee were misled. The plaintiff acted in good faith, supposing that all the buildings were on the acre desci’ibed.
Read the full summary
Appeal from, Jefferson Circuit Court. — Hon. Louis E. Dinning, Judge. (1) The articles furnished and work done on the furnace, which was outside of the acre of land described in the lien, were separately itemized, so that they were distinctly picked out; and neither the court nor the trustee were misled. The plaintiff acted in good faith, supposing that all the buildings were on the acre desci’ibed. (2) The course of dealings between the parties was such as to constitute the account an open and continuous running account. Pulling Mercant. Contr., § 30; McWilliams v. Allan, 45 Mo. 573; Madison…
1Opinion of the CourtHough, J.
This was a suit to enforce a mechanic’s lien
for the sum of $6,802.80, alleged to be the balance due on an open running account extending from February 2nd, 1871, to August 23rd, 1875. The dealings represented by this account were originally had between Gerard B. Allen & Co. and Wm. Einstein & Co. Allen & Co. were engaged in the manufacture of iron work and machinery in the city of St. Louis, and Einstein & Co. were about to engage in the business of reducing lead ores, and for that purpose had erected buildings on their property at Erumet, Missouri, in connection with which they required a…
2Cases cited4 opinions
- Livermore v. WrighSupreme Court of Missouri · 1862
- Edgar v. SalisburySupreme Court of Missouri · 1852
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
- Jones v. Hurst.Supreme Court of Missouri · 1878
3Cited by42 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- State v. BrownSupreme Court of Missouri · 1891
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
37 more not listed; retrieve them via the Exa API.