Griswold v. Carthage
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. M. G. Mc-Gregor, J. Statement of case by the court. The plaintiff’s petition stated'that one J. D. Hedges, and certain other parties to the number of 20, or thereabouts, did certain work and labor, as day laborers for H. H. Bryne, a sub-contractor, on the line of railroad then being constructed by defendants’ railway companies.
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Appeal from Jasper Circuit Court, Hon. M. G. Mc-Gregor, J. Statement of case by the court. The plaintiff’s petition stated'that one J. D. Hedges, and certain other parties to the number of 20, or thereabouts, did certain work and labor, as day laborers for H. H. Bryne, a sub-contractor, on the line of railroad then being constructed by defendants’ railway companies. That for the work and labor so performed, time checks were given said J. D. Hedges, et al., by said H. H. Bryne, showing the amount due. That said time checks were assigned to the plaintiff by the day laborers, during the…
1Opinion of the Court
Opinion by
Hall, J.
The single question presented in this case is, whether the assignment of the time checks to plaintiff transferred to him the right, had by the assignors, to fix a lien upon the defendant company’s road bed, by complying with the provisions of the above named sections of the statutes. *55This question we answer in the negative. The lien in this case is “a personal right, given to the material man or laborer, for his own protection, and the right to create it cannot be assigned or transferred.” Rollins v. Gross, 45 N. Y. 766; Roberts v. Fowler, 3 E. D. Smith 635; Brown v. Smith,…
2Cases cited4 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Rollin v. . CrossNew York Court of Appeals · 1871
- Langan v. SankeySupreme Court of Iowa · 1880
- Merchant v. Ottumwa Water Power Co.Supreme Court of Iowa · 1880
3Cited by5 opinions
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Brown v. Chicago, Santa Fe & California Railway Co.Court of Appeals of Kansas · 1889
- Erath & Flynn v. R. K. Allen & SonMissouri Court of Appeals · 1893
- Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.Missouri Court of Appeals · 1926
- Ray County Savings Bank v. CramerMissouri Court of Appeals · 1893