Lyons v. Carter
Missouri Court of Appeals
Appeal from tbe Cape Girardeau Circuit Court.—Hon. Henry G. Biley, Judge. (1) If for any reason an account contains lienable and nonlienable items, general payments thereon, without indicating to which items or which part of the account they shall apply, will be applied by the court to the nonlienable' or least secure item. And this is the rule in other actions than liens—is a universal rule. Eield v. Holland, 6 Cranch 8-29; 1 Am.
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Appeal from tbe Cape Girardeau Circuit Court.—Hon. Henry G. Biley, Judge. (1) If for any reason an account contains lienable and nonlienable items, general payments thereon, without indicating to which items or which part of the account they shall apply, will be applied by the court to the nonlienable' or least secure item. And this is the rule in other actions than liens—is a universal rule. Eield v. Holland, 6 Cranch 8-29; 1 Am. Law Oases, 292-296; Poulson v. Collier, 18 Mo. App. 588; Goetz v. Piel, 26 Mo. App. 634; Price v. Merritt, 55 Mo. App. 640; Eidge v. Mercantile Co., 56 Mo. App.…
1Opinion of the CourtBland, P. J.
M. S. Carter & Company contracted to build all bridges, houses and an incline in the construction of the Gray’s Point Terminal Eailroad running from Delta in Cape Girardeau county to Gray’s Point, Missouri. The appellants, through Lyons, contracted with Carter & Company to furnish all the piling necessary to be used in the construction of bridges and incline for the road. After filling their contract the appellants filed the following ac*486count as the basis of a lien against the road, except the last item of $28.05. to wit:
“Cape Girardeau, Mo., November 12, 1898.
“M. S. Carter & Co. to Harty &…
2Cases cited5 opinions
- Knapp v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Price v. MerrittMissouri Court of Appeals · 1894
- State v. HarrisSupreme Court of Missouri · 1882
- Goetz v. PielMissouri Court of Appeals · 1887
- Mackler v. Mississippi River & Bonne Terre RailroadMissouri Court of Appeals · 1895
3Cited by3 opinions
- American Hardwood Lumber Co. v. DentMissouri Court of Appeals · 1910
- Short v. WhiteMissouri Court of Appeals · 1939
- Henry v. SaffordMissouri Court of Appeals · 1922