McCleery-Dudley Lumber Co. v. Workman

Citations

• 105 Kan. 505
• 185 P. 288
• 1919 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Findings of Fact — Conclusive on Appeal. The rule followed that the special findings of a jury, when approved or adopted by the trial court, and supported by substantial though disputed testimony, are conclusive on appeal.</p> <p>2. Lumberman’s Lien — Partial Payment by Check — Form of Check — No Notice of a Trust Fund — Pleadings—Issues. In an action to enforce a materialman’s lien on a certain property, in precedence of mortgage liens, the fact that the creditor accepted a check which was signed by the contractor, “F. C. Workman, Trust. — ” in payment upon items of an account for materials furnished on another property, does not charge rhe materialman with notice that a trust fund is being wrongfully appropriated by his debtor, when both the trustee and his beneficiary were parties to the action and neither of them raised any issue concerning the existence of such a trust fund, and filed no pleadings and submitted to a judgment by default.</p> <p>3. Same — Partial Payment — No Application of Payment Directed by Debtor — Creditor May Make Application. A bookkeeper who receives money for his employer from a debtor “on account” and makes an ■ appropriate bookkeeping entry to record the fact of payment, does not thereby, without authority, preclude his employer, the materialman, from applying that payment to a particular account against his debtor, if such application is made within a reasonable time, where the evidence shows that the materialman’s system of bookkeeping was arranged so as to keep a record of separate accounts against the debtor to preserve the materialman’s right to liens on separate properties for each of the debtor’s accounts.</p> <p>4. Same — When Materialman’s Lien Has Precedence Over Mortgage Lien on Same Property. A contractor was furnished with materials for repairing two properties, one owned by his wife, the other by a stranger. The materialman kept a book showing the aggregate indebtedness of the c