Putnam v. Ross
Supreme Court of Missouri
Error to First District. Court. urged among others the following points: I. The statute creating tbe lien is in derogation of tbe common law, and must' be strictly complied with by every person who asserts a claim of right under it. “And any ambiguity in any proceeding necessary on tbe part of tbe party seeking to enforce the lien, must operate against tbe party making it.”
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Error to First District. Court. urged among others the following points: I. The statute creating tbe lien is in derogation of tbe common law, and must' be strictly complied with by every person who asserts a claim of right under it. “And any ambiguity in any proceeding necessary on tbe part of tbe party seeking to enforce the lien, must operate against tbe party making it.” (Wade v. Butz, 18 Iml. 307; Lynch v. Cronan, 6 Gray,'531; Schulen-berger v. Bascom, 38 Mo. 188. J N. Plaintiffs allege tbe giving of notice of debt due from Daniel Ross, and attempt to support this allegation by proof of…
1Opinion of the CourtCukrier, Judge
This suit was brought to enforce a mechanic’s lien, for material furnished by the plaintiffs to the original contractor. In giving the owners notice of their claim, the plaintiffs stated the indebtedness to be -duefrom “Ross & Shane, contractors.” It turned out that the claim was against Boss alone,'his former partner, Shane, having ho interest in the transaction. The defendants insist that the error in the notice is fatal to the plaintiffs’ lien. Whether or not it is so, is the question for determination.
The defendants’ view seems to be founded upon the theory that the mechanics’ lien…
2Cases cited1 opinion
- Tibbetts v. MooreCalifornia Supreme Court · 1863
3Cited by28 opinions
- Wanda Mayes v. Saint Luke's Hospital of Kansas City, (Consolidated with)Wanda Mayes v. Saint Luke's Hospital of Kansas CitySupreme Court of Missouri · 2014
- Eberle v. DrennanSupreme Court of Oklahoma · 1912
- Brentwood Glass Company, Inc. v. Pal's Glass Service, Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis County, National City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., and Victor ZarilliSupreme Court of Missouri · 2016
- R. J. Stephens Drywall & Painting Co. v. Taylor-Morley-Simon, Inc.Missouri Court of Appeals · 1982
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
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