Public-domain · open source
OpenJurist

18 Mo. App. 52

Griswold v. Carthage

Missouri Court of Appeals

Decided May 25, 1885

Missouri Court of Appeals · decided 1885-05-25

M. G. Mc-Gregor, J. Statement of case by the court. The plaintiff’s petition stated'that one J. D. Hedges, and certain other parties to the number of 20, or thereabouts, did certain work and labor, as day laborers for H. H. Bryne, a sub-contractor, on the line of railroad then being constructed by defendants’ railway companies. That for the work and labor so performed, time checks were given said J. D. Hedges, et al., by said H. H. Bryne, showing the amount due.

Relies on Gerard B. Allen & Co. v. Frumet Mining & Smelting Co. · Rollin v. . Cross · Treadwell v. Bruder

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1885-05-25

How this case has been cited

Cited by 5 later decisions — most recently August 1926

5 state decisions

3018851890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Opinion by

Hall, J.

¶2The single question presented in this case is, whether the assignment of the time checks to plaintiff transferred to him the right, had by the assignors, to fix a lien upon the defendant company’s road bed, by complying with the provisions of the above named sections of the statutes. *55This question we answer in the negative. The lien in this case is “a personal right, given to the material man or laborer, for his own protection, and the right to create it cannot be assigned or transferred.” Rollins v. Gross, 45 N. Y. 766; Roberts v. Fowler, 3 E. D. Smith 635; Brown v. Smith, 55 Iowa 32 ; Langan & Noble v. Sankey, 55 Iowa 52 ; Merchant v. The Ottumwa Water Power Co., 54 Iowa 455. “Whether the assignee can file a lien in his own name, based upon the account assigned has not been decided” in this state. Gerard B. Allen & Co. v. The Frumet Mining and Smelting Company, 73 Mo. 688.

¶3In this case we follow the authorities above cited, and hold that the assignee cannot file such lien. The judgment of the circuit court is affirmed.

All concur.
/18/moapp/52 · .json · Public domain