Cooke v. McNeil
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Eield, Judge. ' ' (1) The furnaces, with their connections, attach- *' ments and pipes, constituted the furnace systems of the . houses. The houses were constructed and designed for ; such systems of heating, and the same constituted apart; o'f the houses. They constituted fixtures as fully as doors, transoms, keys or shutters, and plaintiffs were, consequently, entitled to a lien therefor. Goodin v. Ass’n, 5 Mo.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Eield, Judge. ' ' (1) The furnaces, with their connections, attach- *' ments and pipes, constituted the furnace systems of the . houses. The houses were constructed and designed for ; such systems of heating, and the same constituted apart; o'f the houses. They constituted fixtures as fully as doors, transoms, keys or shutters, and plaintiffs were, consequently, entitled to a lien therefor. Goodin v. Ass’n, 5 Mo. App., 298; Ward v. Kilpatrick, 85 N. Y. 413; Stockwell v. Campbell, 39 Conn. 362; Dimmick v. Cooke, 115 Pa. St. 573; Heidlinger v.…
1Opinion of the CourtEllison, J.
This action is to enforce a mechanics’ lien on account of a hot-air furnace, including pipes, registers, etc., furnished by plaintiff to defendant McNeil, for his residence in Kansas City. The furnace was placed in the cellar of the house and rested on a platform of brick, built for that purpose. It was not attached to this platform by fastening, nor in any other way than by its own weight. It was connected with the building by pipes leading to registers in the different rooms of the house. The contract provided that in case the furnace did not work and could not, on notice, be made to work…
2Cases cited6 opinions
- Binkley v. ForknerIndiana Supreme Court · 1889
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Rogers v. CrowSupreme Court of Missouri · 1867
- Stockwell v. CampbellSupreme Court of Connecticut · 1872
- Donnewald v. Turner Real-Estate Co.Missouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Security Stove & Manufacturing Co. v. StevensMissouri Court of Appeals · 1928
- Sosman v. ConlonMissouri Court of Appeals · 1894
- Elliott & Barry Engineering Co. v. BakerMissouri Court of Appeals · 1908
- Tyler v. WhiteMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.