Fathman & Miller Planing Mill Co. v. Christophel
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon", Judge. (1) There was no mingling of accounts, such as to avoid the lien. Washerman v. Young, 49 Mo. 413; Ridge v. Mercantile L. & T. Co., 56 Mo. App. 155; O’Brien v. Sanson, 9 Mo. App. 545; Kauffman & Wilkinson v. Christophel, 59 Mo. App. 80. (2) There was no waiver of lien by taking Christophers note as an accomodation loan. Selby v. McCullough, 26 Mo. App. 66-72; Peck v. Bridwell, 10 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon", Judge. (1) There was no mingling of accounts, such as to avoid the lien. Washerman v. Young, 49 Mo. 413; Ridge v. Mercantile L. & T. Co., 56 Mo. App. 155; O’Brien v. Sanson, 9 Mo. App. 545; Kauffman & Wilkinson v. Christophel, 59 Mo. App. 80. (2) There was no waiver of lien by taking Christophers note as an accomodation loan. Selby v. McCullough, 26 Mo. App. 66-72; Peck v. Bridwell, 10 Mo. App. 524; Gorman v. Sagner, 22 Mo. 137; Phillips on Mechanics’ Liens, sec. 283. (3) Appellant was entitled to alien on the house, with…
1Opinion of the CourtBiggs, J.
The defendant Christophel erected a dwelling house for his codefendant Robert T. Stillwell. The legal title to the lot on which the house was built was in the wife of Stillwell. Christophel bought some of the materials for the building from the plaintiff, and failed to pay for them. The plaintiff filed a mechanic’s lien against the lot and building, and this action is against Christophel for the debt and also to enforce the lien. Christophel made no defense. The Stillwells made several defenses against the enforcement of the lien. It was contended by them that, at the time the *109plaintiff…
2Cases cited14 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Williams v. PorterSupreme Court of Missouri · 1873
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Price v. KaneSupreme Court of Missouri · 1892
- McAdow v. SturtevantMissouri Court of Appeals · 1890
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3Cited by4 opinions
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- Sawyer-Austin Lumber Co. v. ClarkMissouri Court of Appeals · 1899
- Mayes v. MurphyMissouri Court of Appeals · 1902
- State ex rel. Long-Bell Lumber Co. v. HaileyMissouri Court of Appeals · 1897