From Casetext: Smarter Legal Research

Gale and Company v. Hooper

Supreme Court of Missouri, Division No. 2
Jan 11, 1960
330 S.W.2d 826 (Mo. 1960)

Summary

affirming the Missouri Court of Appeals' judgment “that the chattel mortgage on an automobile was subordinate to the common law artisan's lien” in favor of an automobile mechanic

Summary of this case from BancorpSouth Bank v. Hazelwood Logistics Center, LLC

Opinion

No. 47611.

December 14, 1959. Motion for Rehearing or to Transfer to Court en banc Denied January 11, 1960.

Dillard Grossenheider, J. W. Grossenheider, Lebanon, for appellant.

O. C. Winchell, Lebanon, for respondent, Harry Hause.


The question for decision is whether, under the agreed statement of facts, a common law artisan's lien, here the lien of an automobile mechanic, takes precedence over a previously filed chattel mortgage. The Springfield Court of Appeals held that the chattel mortgage on an automobile was subordinate to the common law artisan's lien, Gale Co. v. Hooper, 323 S.W.2d 824, but, because of the general interest and importance of the question involved, the cause was transferred to this court. Const.Mo., Art. 5, Sec. 10, V.A.M.S. The decision of the court of appeals has been re-examined and in the agreed but precisely limited circumstances this court approves of its underlying policy. The conflicting views of other jurisdictions, together with their reasons (annotations 36 A.L.R.2d 198; 36 A.L.R.2d 229), are noted in the opinion, all the pertinent cases and authorities were thoughtfully analyzed recently (Mack Motor Truck Corp. v. Wolfe, Mo.App., 303 S.W.2d 697), and it would serve no useful purpose for this court to repeat or paraphrase what has been said in those and the cited opinions; therefore, the judgment is affirmed. In addition to these two opinions see McCluskey v. De Long, 239 Mo.App. 1026, 198 S.W.2d 673; Bostic v. Workman, 224 Mo.App. 645, 31 S.W.2d 218; Kirtley v. Morris, 43 Mo.App. 144, and compare Hampton v. Seible, 58 Mo.App. 181; Butterworth v. Soltz, 199 Mo.App. 507, 204 S.W. 50 and the cases in which the artisan does not have a common law lien. Stone v. Kelley Son, 59 Mo.App. 214; Lazarus v. Moran, 64 Mo.App. 239; Birmingham v. Carr, 196 Mo.App. 411, 197 S.W. 711; United Iron Works Co. v. Sleepy-Hollow Mining Development Co., 198 Mo.App. 562, 198 S.W. 443.


Summaries of

Gale and Company v. Hooper

Supreme Court of Missouri, Division No. 2
Jan 11, 1960
330 S.W.2d 826 (Mo. 1960)

affirming the Missouri Court of Appeals' judgment “that the chattel mortgage on an automobile was subordinate to the common law artisan's lien” in favor of an automobile mechanic

Summary of this case from BancorpSouth Bank v. Hazelwood Logistics Center, LLC
Case details for

Gale and Company v. Hooper

Case Details

Full title:GALE AND COMPANY, A MISSOURI CORPORATION, APPELLANT, v. WILLIAM HOOPER AND…

Court:Supreme Court of Missouri, Division No. 2

Date published: Jan 11, 1960

Citations

330 S.W.2d 826 (Mo. 1960)

Citing Cases

Nickell v. Lambrecht

See Grusin v. Stutz Motor Car Co. of America (1933), 206 Ind. 296 ( 187 N.E. 382); Stallard v. Stepp (1922),…

Monarch Loan v. Anderson Trans. Serv

Smythe produced a bill from a mechanic named Frank Spann, dated November 23, 1959, for $257.04, which…