City of Maryville ex rel. Citizens' National Bank v. Lippman
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — -Hem. J. W, Peery, Special Judge. (1) The court erred in admitting as evidence, over the objection of plaintiff the fact that the Likes Improvement Company had not complied with the law governing foreign corporations for the reasons: First. The defendants were neither parties nor privies to the contract between the city and the Likes Improvement Company and, therefore, had no right to question the validity of the contract.
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Appeal from Nodaway Circuit Court. — -Hem. J. W, Peery, Special Judge. (1) The court erred in admitting as evidence, over the objection of plaintiff the fact that the Likes Improvement Company had not complied with the law governing foreign corporations for the reasons: First. The defendants were neither parties nor privies to the contract between the city and the Likes Improvement Company and, therefore, had no right to question the validity of the contract. Prendergast v. Richards, 2 Mo. App. 193; Hawsmon v. Waterworks Co., 119 Mo. 304. Second. The contract is fully executed and it validity…
1Opinion of the CourtJohnson, J.
This is a suit on a special taxbill issued by Maryville, a city of the fourth class, in payment of the cost of grading, paving, guttering and curbing one of the public streets of that city. The answer pleaded several defenses, only one of which we find it necessary to consider. A jury was- waived and the court after hearing the evidence rendered judgment for defendant. Plaintiff appealed.
It appears from the briefs that the court found .against the validity of the taxbills, to which the one in suit belongs, on three grounds. We find the judgment should be sustained on one of these grounds and,…
2Cases cited4 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- State v. Board of Street & Water CommissionersSupreme Court of New Jersey · 1893
- Dick v. RiddleMissouri Court of Appeals · 1909
3Cited by8 opinions
- Byrne & Jones Enterprises, Inc. d/b/a Byrne and Jones Construction v. Monroe City R-1 School DistrictSupreme Court of Missouri · 2016
- Alsmeier v. AdamsIndiana Court of Appeals · 1914
- Meyers v. WoodMissouri Court of Appeals · 1913
- Metropolitan Express Services, Inc. v. City Of Kansas City, MissouriCourt of Appeals for the Eighth Circuit · 1994
- State ex rel. Stricker v. HansonMissouri Court of Appeals · 1993
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