A. M. Stevens Lumber Co. v. Kansas City Lumber Co.
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. E. L. Soarbitt, Judge. (1) “The vendor of personal property transfers the title and interest therein, subject to liens recognized by law.” Richardson v. Peterson, 58 Iowa, loe. cit. 726. The same principle applies to equitable liens and the rights of the cestui que trust in trust property. This building material was trust property.
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Appeal from the Jachson Circuit Court. — Hon. E. L. Soarbitt, Judge. (1) “The vendor of personal property transfers the title and interest therein, subject to liens recognized by law.” Richardson v. Peterson, 58 Iowa, loe. cit. 726. The same principle applies to equitable liens and the rights of the cestui que trust in trust property. This building material was trust property. The relation of trustee and cestui que trust existed between their subcontractor and the plaintiffs as to this material. R. S. 1889, sec. 6728; Simmons v. Carrier, 60 Mo. 581; Chamberlain v. O’Brien, 48 N. W. Rep.…
1Opinion of the CourtSmith, P. J.
George E. Scott and others, partners, doing business under the name of the A. M. Stevens Lumber Company, brought this action against the defendant, a business corporation, to recover damages for fraud.
J>EI'ITIO~. The petition is quite lengthy, covering some nine printed pages. We shall only here set forth the sub: ‘stance of so much thereof as we deem necessary to a correct understanding of the questions which we shall presently notice. It was among other things therein alleged that in the fall of 1889 the said Kansas City Planing Mill Company had a contract with one B. F. Jones to furnish…
2Cases cited14 opinions
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Crispen v. HannovanSupreme Court of Missouri · 1885
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Schulenberg v. Prairie Home InstituteSupreme Court of Missouri · 1877
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3Cited by8 opinions
- Donnell v. WrightSupreme Court of Missouri · 1906
- Eagle Oil Co. v. AltmanSupreme Court of Oklahoma · 1928
- Berry Ex Rel. Berry v. Majestic Milling Co.Supreme Court of Missouri · 1924
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Riverside Lumber Co. v. SchmidtMissouri Court of Appeals · 1908
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