Jones v. Alf. Bennett Lumber Co.
Missouri Court of Appeals
Error to Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. The petition did not state a cause of action. See. 2188, R. S. 1909, which gives priority to the claims of laborers under the conditions in that section described has no application to a ease where property covered by a mortgage has been seized by the mortgagee or to a case where á creditor has without legal process sold property belonging to a debtor and retained and applied the proceeds thereof in payment of…
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Error to Stoddard Circuit Court. — Hon. W. 8. G. Walker, Judge. The petition did not state a cause of action. See. 2188, R. S. 1909, which gives priority to the claims of laborers under the conditions in that section described has no application to a ease where property covered by a mortgage has been seized by the mortgagee or to a case where á creditor has without legal process sold property belonging to a debtor and retained and applied the proceeds thereof in payment of his claim. R. S. 1909, sec. 2188; Fitzgerald v. Meyer, 65 Mo. App. 665; Wilkinson v. Patton, 29 Atl. 293. (1) The…
1Opinion of the CourtAllen, J.
Plaintiff, defendant in error here, brought suit in the Stoddard County Circuit Court on August 6, 1910, against the Alf. Bennett Lumber Company, plaintiff in error, upon certain claims, theretofore assigned to plaintiff, for work and labor performed for the firm of Chas. M. Fletcher & Son. The petition contains twenty-three different counts, the first count thereof, omitting formal allegations, being as follows:
“Plaintiff for cause of action states that on or about the months of July and August, 1909, Charles *28M. Fletcher and Robert U. Fletcher were copartners in business at the’ county of…
2Cases cited2 opinions
- Fitzgerald v. MeyerMissouri Court of Appeals · 1896
- Orchard v. National Exchange BankMissouri Court of Appeals · 1906
3Cited by4 opinions
- Kent v. Charlie Chicken, II, Inc.Missouri Court of Appeals · 1998
- Chuning v. CalvertMissouri Court of Appeals · 1970
- Guhman v. GrotheSupreme Court of Missouri · 1940
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937