Porter v. Tooke

Decided March 15, 1864

Supreme Court of Missouri · decided 1864-03-15

Louis Law Commissioner's Court. Plaintiffs below brought suit against the appellants, defendants below, and in their petition alleged, that at the time of the accruing of their account, set forth or referred to in their petition, they were co-partners, doing business under the name and firm of White & McLaughlin ; that the defendant, James TL Tooke, owed them one hundred and twenty-one dollars and thirty .cents, for materials furnished and plastering a two-story brick…

Good law ✅— No negative treatment on recordhow we know

Decided 1864-03-15

How this case has been cited

Cited by 5 later decisions — most recently December 1880

5 state decisions

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.

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Dryden, Judge,

¶1delivered the opinion of the court.

¶2The petition in this case fails to state facts sufficient to constitute the cause of action for which the judgment was rendered, in that it does not appear who was the owner of the land on which the building sought to be charged with the lien was erected; and especially in that it does not appear that the building was erected under any contract with any one having any interest or ownership in the land to bo charged; and for this cause the judgment must be reversed.

¶3Judgment reversed and cause remanded; the other judges concurring.