Stillwell v. Glasscock
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas.— Hoist. Tiieo. Brace, Judge. (1) The demurrer should have been overruled. Plaintiff, as trustee, had incurred expenses and assumed liabilities in consequence of the subscription; besides, defendant, as well as the other land owners, was personally interested in having the levee maintained and repaired, and the land protected from overflow. It was an undertaking for mutual benefits.
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Appeal from Hannibal Court of Common Pleas.— Hoist. Tiieo. Brace, Judge. (1) The demurrer should have been overruled. Plaintiff, as trustee, had incurred expenses and assumed liabilities in consequence of the subscription; besides, defendant, as well as the other land owners, was personally interested in having the levee maintained and repaired, and the land protected from overflow. It was an undertaking for mutual benefits. The contract of subscription was valid and binding on defendant. Pitts v. Gentle, 49 Mo. 74; Workman v. Campbell, 48 Mo. 805; Koch v. Lay, 38 Mo. 147; Southern Hotel Co.…
1Opinion of the CourtSherwood, J.
Action on a contract of subscription signed by defendant, and a large number of other land owners, including plaintiff, in the Sny Island Levee Drainage District, in the state of Illinois, each subscriber setting the sum subscribed opposite his name, the defendant thus subscribing the sum of one hundred dollars,- the purpose of the subscription being the maintenance and repairs of the levee, and a more perfect reclamation and protection of the lands embraced within the Sny Island Levee Drainage District.
Plaintiff and defendant, and others, were owners of these lands, which lands were…
2Cases cited1 opinion
- Biser v. DameronSupreme Court of Missouri · 1885
3Cited by3 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Stilwell v. GlascockMissouri Court of Appeals · 1892
- Stillwell v. GlasscockSupreme Court of Missouri · 1890