Claflin v. McDonough
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. It is not disputed that the law under which the tax claimed of plaintiffs and paid by them, as stated in the petition, was unconstitutional and void, so far as related to a part of the goods, &c., in respect of which such tax was imposed. This being so, the demand made by defendant was without legal authority or justification, and the money was wrongfully received, and that with notice it would be sued for as illegally exacted.
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Error to St. Louis Court of Common Pleas. It is not disputed that the law under which the tax claimed of plaintiffs and paid by them, as stated in the petition, was unconstitutional and void, so far as related to a part of the goods, &c., in respect of which such tax was imposed. This being so, the demand made by defendant was without legal authority or justification, and the money was wrongfully received, and that with notice it would be sued for as illegally exacted. It is a doctrine of the common law, absolutely universal, (as far as my researches extend,) that if a man by fraud, or wrong,…
1Opinion of the CourtBay, Judge
Plaintiffs brought suit to recover from defendant the sum of $1,494.60, paid by them to him as collector of the State and coxmty revenue, for the county of St. Louis, as a tax upon a license issued to them as merchants.
The petition alleges, in substance, that defendant, as such collector, demanded of plaintiffs, (who were doing business under the name and firm of Claflin, Allen & Co.,) about the 4th of August, 1857, that the firm should take out a license to vend merchandise in said county, according to law, and further demanded, that, for the purpose of obtaining such license, said…
2Cases cited5 opinions
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Sheldon v. South School District in the West SocietySupreme Court of Connecticut · 1855
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
- Norton v. MardenSupreme Judicial Court of Maine · 1838
- Smith v. Inhabitants of ReadfieldSupreme Judicial Court of Maine · 1847
3Cited by26 opinions
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- American Motorists Insurance Co. v. ShrockMissouri Court of Appeals · 1969
- Wolfe v. MarshalSupreme Court of Missouri · 1873
- Napton v. LeatonSupreme Court of Missouri · 1879
- Robins v. LathamSupreme Court of Missouri · 1896
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