Cody v. Vaughan
Missouri Court of Appeals
Appeal from, the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The testimony shows that the repairs on the boiler in controversy were to be charged into the general account of Cunningham & Murphy against Cody & Filley, and to be paid for either in work done by Cody & Filley, or one of them, or on settlement at some future day, in cash. Under such a state of facts no lien could exist.
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Appeal from, the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The testimony shows that the repairs on the boiler in controversy were to be charged into the general account of Cunningham & Murphy against Cody & Filley, and to be paid for either in work done by Cody & Filley, or one of them, or on settlement at some future day, in cash. Under such a state of facts no lien could exist. Tucker v. Taylor, 53 Ind. 95; 3-Parsons on Contracts, p. 248, note w; 2 CMtty on Contracts [11 Am. Ed.] p. 802; 4 Wait’s Actions & Defenses, p. 334. (2) An artisan’s lien is a personal privilege, not…
1Opinion of the CourtRombauer, P. J.
— This is an action of replevin, by which the plaintiff seeks to recover from the defendant one steam boiler and its appurtenances. The defendant is the statutory assignee of Cunningham & Murphy, and filed two.answers in the case. By the first answer he claims to be owner of the property as assignee of Cunningham & Murphy under the general assignment statute. By his amended answer he says that the boiler was delivered by the plaintiff to his assignors to be repaired under a contract by which they were authorized to repair the same and sell it, deducting from the proceeds of sale the cost of…
2Cases cited9 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Nanson v. JacobSupreme Court of Missouri · 1887
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Eppright v. NickersonSupreme Court of Missouri · 1883
- Trigg v. TaylorSupreme Court of Missouri · 1858
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3Cited by2 opinions
- Marks v. DavisMissouri Court of Appeals · 1897
- Deming Co. v. WebbMissouri Court of Appeals · 1898