Legal Opinion

Raeder v. Bensberg

Missouri Court of Appeals

Decided January 21, 1879PublishedCited by 11 opinions

Appear from St. Louis Circuit Court. An architect is not entitled to a lien for his services as such. — Steadman v. Hoclcley, 15 L. J. (Exch.) 332; Stryker v. Cassidy, 17 N. Y. 18; Foushee v. Grigsby, 12 Bush, 75 ; Railroad Co. v. Leupper, 84 Pa.

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Appear from St. Louis Circuit Court. An architect is not entitled to a lien for his services as such. — Steadman v. Hoclcley, 15 L. J. (Exch.) 332; Stryker v. Cassidy, 17 N. Y. 18; Foushee v. Grigsby, 12 Bush, 75 ; Railroad Co. v. Leupper, 84 Pa. St. 168; Fdgar v. Salisbury, 17 Mo. 271; Knight v. Morris, 19 Minn. 475 ; Ames v. Dyer, 41 Me. 397. Under our statute relating to mechanics’ liens, an architect who designs and superintends the erection of a building has a lien thereon.— Bank v. Gries, 35 Pa. St. 423; Insurance Co. v. Rowland, 26 N. J. 397; Mulligan v. Mulligan, 18 La. An. 20 ;…

1Opinion of the CourtBakewerr, J.

This was an action to establish a mechanic’s lien against certain houses erected upon a lot owned by Catherine Bensberg, the wife of her co-defendant, Gerhard Bensberg. There was a verdict for plaintiff, and the claim was found to be a lien on the property of Catherine Bensberg described in the petition, and judgment accordingly; from which defendants appeal.

The petition states that Catherine Bensberg, through her husband as her agent, employed plaintiff to design and superintend the erection of the building described; that plaintiff completely designed and superintended the erection *446thereof,…

2Cases cited7 opinions

  1. Dunham v. . WatermanNew York Court of Appeals · 1858
  2. De Witt v. SmithSupreme Court of Missouri · 1876
  3. Knight v. NorrisSupreme Court of Minnesota · 1868
  4. Edgar v. SalisburySupreme Court of Missouri · 1852
  5. Phillips v. WrightThe Superior Court of New York City · 1852

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Nelson v. WithrowMissouri Court of Appeals · 1883
  2. Stephens v. . HicksSupreme Court of North Carolina · 1911
  3. Williams v. Southern Pacific Co.California Supreme Court · 1916
  4. Mitchell v. PackardMassachusetts Supreme Judicial Court · 1897
  5. Henges Co. v. Doctors' North-Roads Building, Inc.Missouri Court of Appeals · 1966

6 more not listed; retrieve them via the Exa API.

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