Lamke v. Lynn
| Decision Date | 25 September 1984 |
| Docket Number | No. 48008,48008 |
| Citation | 680 S.W.2d 285 |
| Parties | John LAMKE, d/b/a Lamke's Auto Body Shop, Appellant, v. Lola Jean LYNN, Respondent. |
| Court | Missouri Court of Appeals |
Larry G. Mittendorf, Union, for appellant.
Lee Young, Union, for respondent.
Plaintiff appeals after the entry of a directed verdict in his action to enforce a statutory artisans lien, § 430.020, RSMo.Supp.1983. In his first amended petition, plaintiff alleged that defendant Reed owed him $4,987.30 for labor and materials furnished on a 1977 Kenworth truck pursuant to a written memorandum and that the truck had been thereafter transferred to defendant Lola Jean Lynn with actual notice of the outstanding indebtedness. He requested a judgment against defendants and imposition of a lien on the truck. The case initially was heard before a Franklin County Associate Circuit judge without a jury. A judgment was rendered for the plaintiff and against defendants. Reed did not appeal the judgment against him. Defendant Lynn made application for a trial de novo in Franklin County Circuit Court. The case was heard before a jury. At the close of plaintiff's evidence, defendant moved for a directed verdict which was sustained. Plaintiff contends on appeal there was sufficient evidence for submission of his claim to the jury.
In reviewing the propriety of the granting of a motion for a directed verdict, we must treat plaintiff's evidence as true and give him the benefit of all reasonable inferences derived therefrom. Young v. Mercantile Trust Co. National Association, 552 S.W.2d 247, 250 (Mo.App.1977). A trial judge may only grant a directed verdict at the close of the plaintiff's case when all the evidence and the reasonable inferences to be drawn therefrom are so strongly against the plaintiff that there is no room for reasonable minds to differ. Herberholt v. DePaul Community Health Center, 625 S.W.2d 617, 624 (Mo.banc 1981).
The evidence established that in the fall of 1978, Reed, an independent truck driver, purchased a 1977 Kenworth truck. On July 13, 1979, Reed signed a work authorization for repairs to the rear end of the truck in the amount of $2,749.69. On September 17, 1979, he signed authorization for aluminum wheels in the amount of $500.00. On January 2, 1980, he signed a work authorization for transmission repairs in the amount of $1,737.61. After the repairs were made or the materials furnished in each of these instances, plaintiff released the truck to Reed and allowed him to charge his bills on account as Reed needed the truck to earn the money to pay the repair bills.
During the summer of 1979, Reed separated from his wife and was in the process of obtaining a divorce. He moved into the house of Lola Jean Lynn, who was also in the trucking business. During 1979, Reed had substantial financial problems and was unable to keep the loan payments on the truck current. In July, the truck was repossessed by the lienholder. Lynn loaned Reed the money necessary to pay the back payments and the truck was returned to his possession. Sometime in late 1979, the truck broke down and was in need of substantial engine and transmission work. In December, the truck was taken to Cummins Diesel where the engine work was performed. The repair bill was charged to Lynn's account at Cummins Diesel with her permission. The transmission work was done at plaintiff's garage with Lynn's knowledge. By this time, Reed's indebtedness to her for the truck had grown to $5,000.00 and she became concerned that if he were killed, she would not be repaid. Consequently, Reed agreed to transfer the equity in the truck to Lynn. In February, 1980, he transferred title to the truck to her, she assumed the loan of $24,000.00 and commenced making the monthly payments. At that time the truck was worth approximately $45,000.00. According to Reed, when he repaid the debt to her, he would regain title. At the time of trial, he had only repaid her $580.00 and she was still the title owner of the vehicle.
Reed testified on direct examination that in January, prior to the transfer, he had informed Lynn that he "owed [Lamke] some money" for the transmission and the wheels. He testified that he did not mention he had signed work orders nor did he state a lien existed on the truck. He stated he had informed her of the work on the rear end of the truck, but acknowledged he had not told her he owed any money for those repairs. Lamke testified that in November or December of 1979, he spoke to Lynn. In his words, "I mentioned to her that [Reed] couldn't pay his bill at our shop until--if he didn't have his truck to operate." He did not give her any details on the type of work done or tell her how much money was owed for the repairs, nor did he tell her of the existence of a lien on the truck.
Plaintiff's claim arises from the statutory artisans lien in Sections 430.020 and 430.040, RSMo.Supp.1983. Section 430.020 states:
[E]very person who furnishes labor or material on any vehicle or aircraft, part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of such vehicle or aircraft, part or equipment thereof, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum. Such liens shall be on such vehicle or aircraft, or part or equipment thereof, as shall be kept or stored, or be placed in the possession of the person furnishing the labor or material.
Section 430.040.2, provides:
The lien shall be valid against the vehicle or aircraft, part or equipment thereof, ... in the possession of any person receiving or purchasing the same, with notice of the lien claim; ....
The enactment of the statutory artisan lien did not destroy the common law lien of an artisan who furnished labor or material in the repair of a vehicle while he was in possession of it. McCluskey v. DeLong, 239 Mo.App. 1026, 198 S.W.2d 673, 675 (1946). Being dependent upon possession, the common law lien is lost if the lienholder voluntarily parts with possession of the vehicle. State ex rel. Rueseler Motor Co. v. Klaus, 263 S.W.2d 71, 72 (Mo.App.1953). However, the purpose of Sections 430.020 and 430.040 is to give the artisan a lien that he did not have at common law, in that if he secures a written memorandum from the owner then the writing will continue the lien after the artisan has parted with its possession providing a purchaser or other person takes possession with notice of the lien claim. Jackson v. Kusmer, 411 S.W.2d 257, 259 (Mo.App.1967); McCluskey v. DeLong, 239 Mo.App. 1026, 198 S.W.2d 673, 675 (1946).
There is no question but that plaintiff established he had a statutory lien on the truck in question for the amounts stated. The sole issue before us is whether defendant Lynn received or purchased the truck with notice of the lien claim. There is no definition of notice contained in the statute. The word "notice" can have various meanings. The meaning given by the courts is to be controlled largely by the context and the purpose and intent of the statute which provides for or requires it. 66 C.J.S. No...
To continue reading
Request your trial
-
Ozark Financial Services, a Div. of Ozark Kenworth, Inc. v. Turner
...upon possession, the common law lien is lost if the lienholder voluntarily parts with possession of the vehicle." Lamke v. Lynn, 680 S.W.2d 285, 288 (Mo.App.1984). Also see Jordan v. Davis, 538 S.W.2d 595 (Mo.App.1976); Davis v. Nash Central Motors, 332 S.W.2d 475 (Mo.App.1960); Gale and Co......
-
School Dist. of City of Independence, Mo., No. 30 v. U.S. Gypsum Co.
...The School District has not produced evidence of knowledge comparable to the evidence in Hale. The School District cites Lamke v. Lynn, 680 S.W.2d 285 (Mo.App.1984), for the proposition that a person may be charged with actual knowledge if he knows of the hazard or has sufficient knowledge ......
-
Bank of Kirksville v. Small, 69148
...to defendant, giving defendant the benefit of any favorable inferences and disregarding any unfavorable inferences. See Lamke v. Lynn, 680 S.W.2d 285, 287 (Mo.App.1984). Defendant's evidence of his fraud theory was that plaintiff fraudulently induced him to sign the note by 1) promising him......
-
City of Lexington v. Seaton
...benefits thereunder"). Most importantly, the Defendants in this case had actual notice, that is, actual knowledge, Lamke v. Lynn, 680 S.W.2d 285, 288-89 (Mo.App.1984), of the public meetings regarding the sewer charge, and in fact attended the meetings. Generally, actual knowledge prevents ......