Thorn & Hunkins Lime & Cement Co. v. Citizens Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John-A. Tally, Judge. (1) Plaintiff, the Thorn & Huhkins Lime and Cement company, had a full and plenary remedy at law, by prosecuting its action begun and pending against the Lyons Construction company and its surety upon the bond incorporated in the sewer contract for the protection of parties supplying materials for the construction of the sewer.
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Appeal from St. Louis City Circuit Court. — Hon. John-A. Tally, Judge. (1) Plaintiff, the Thorn & Huhkins Lime and Cement company, had a full and plenary remedy at law, by prosecuting its action begun and pending against the Lyons Construction company and its surety upon the bond incorporated in the sewer contract for the protection of parties supplying materials for the construction of the sewer. (2) The doctrine of application of payments invoked by the plaintiff in the trial court is not pertinent and does not embrace the issues herein presented, and does not apply to the facts herein…
1Opinion of the CourtValliant, J.
This is a suit in equity to subject a fund reserved in the treasury of the defendant city of St. Louis to the payment of the plaintiff’s claim against a city contractor in preference to the claim of the defendant, the Citizens Bank, which is a judgment creditor and assignee of the contractor. The defendants are the Citizens Bank, which is the sole appellant, the Lyons Construction Company and the city of St. Louis.
The facts out of which the controversy arises are as follows: In December, 1895, the city let a contract to the Lyons Construction Company for the building of a public sewer. The…
2Cases cited9 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Morse v. RathburnSupreme Court of Missouri · 1868
- Cochran v. People's Railway Co.Supreme Court of Missouri · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Smoot v. JuddSupreme Court of Missouri · 1901
- Morris v. HanssenSupreme Court of Missouri · 1934
- Ellenburg v. Edward K. Love Realty Co.Supreme Court of Missouri · 1933
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