P. M. Bruner Granitoid Co. v. Klein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. P. R. Flitcraft, Judge. (1) The subcontractor’s notice of lien must be served on- the person who was the owner of the real estate at the time the work was contracted for and done. Hewett v. Truitt, 23 Mo. Ápp. 443; Doyle v. Truitt, 23 Mo. App. 448. (2) And such owner having died prior to the service of notice, there was no person upon whom such notice could be served. Taafe v. Ryan, 25 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Now. P. R. Flitcraft, Judge. (1) The subcontractor’s notice of lien must be served on- the person who was the owner of the real estate at the time the work was contracted for and done. Hewett v. Truitt, 23 Mo. Ápp. 443; Doyle v. Truitt, 23 Mo. App. 448. (2) And such owner having died prior to the service of notice, there was no person upon whom such notice could be served. Taafe v. Ryan, 25 Mo. App. 56. (3) An executor is not the owner of his testator’s real estate, and notice can not be served upon him as such. Belcher v. Schaumburg, 18 Mo. 189.…
1Opinion of the CourtGoode, J.
The defendant Klein did the granitoid and concrete work in the basement of a building erected by Charles H. Peck on a lot in the .city of St. Louis. The Bruner Granitoid Construction Company furnished Klein about eighty-eight tons of crushed granite of the value of $228.50, which Klein used in doing the work but did not pay for. The job was finished the latter part of June, 1899, and on the third day of the ensuing July, Charles H. Peck, the owner of the property, died, leaving a will of which the defendants Stephen and John A. Peck qualified as executors July 14th. In October following,…
2Cases cited6 opinions
- Henry v. PlittSupreme Court of Missouri · 1884
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
- Kuhleman v. SchulerSupreme Court of Missouri · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- BCI Corp. v. Charlebois Construction Co.Supreme Court of Missouri · 1984
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- Edward McLundie & Co. v. MountMissouri Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.