City of St. Louis v. G. H. Wright Contracting Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Roto. Moses N. Sale, Judge. (1) "Where an action is brought by a trustee for the benefit of third persons, they are the real parties, and the trustee has no individual interest in the action unless he is a co-beneficiary, expressly or of the same class, and then he has no- greater or other interest than the other members of the class. St. Louis v. Gr. H. Wright Contracting Co., 202 Mo. 451; Natl.
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Appeal from St. Louis City Circuit Court. — Roto. Moses N. Sale, Judge. (1) "Where an action is brought by a trustee for the benefit of third persons, they are the real parties, and the trustee has no individual interest in the action unless he is a co-beneficiary, expressly or of the same class, and then he has no- greater or other interest than the other members of the class. St. Louis v. Gr. H. Wright Contracting Co., 202 Mo. 451; Natl. Bk. v. Ward, 100 U. S. 19'5; Lewis v. Land C'o., 124 Mo. 672; Rogers v. Gosnell, 58 Mo. 589; School v. Lewis, 147 Mo. 580; Crone v. Stinde, 156 Mo. 262;…
1Opinion of the Court
BURGESS, J. —
This is a suit for damages for breach of certain contracts and bonds for the doing of certain public work in the city of St. Louis. The petition cordains five counts, each based upon a separate contract. The contracts differ only in respect to dates, penalties; and the character and quantity of the work to be performed under each, and the several counts of the petition are varied to meet these minor differences. It will, therefore, be only necessary to refer to one, the first count of the petition, which alleges in substance:
That on the 28th day of June, 1900, the defendant…
2Cases cited5 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Minton v. SteeleSupreme Court of Missouri · 1894
- City of St. Louis v. G. H. Wright Contracting Co.Supreme Court of Missouri · 1907
- Dice v. HamiltonSupreme Court of Missouri · 1903
- State v. NeighborsSupreme Court of Missouri · 1904
3Cited by16 opinions
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Sinclair Refining Co. v. WyattSupreme Court of Missouri · 1941
- City of Oakland v. De GuardaCalifornia Court of Appeal · 1928
- Snyder v. American Car & Foundry Co.Supreme Court of Missouri · 1929
- State Ex Rel. Brotherhood of Locomotive Firemen & Enginemen v. ShainSupreme Court of Missouri · 1938
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