DeGiverville v. Legg
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Daniel D. Fisher, Judge. The words, “taxable year of 1890,” are to be construed to mean the calendar year 1890, and, therefore, the taxes ought to be divided between the parties in proportion as they respectively had possession during said calendar year.
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Appeal from the St. Louis City Circuit Court. — IIon. Daniel D. Fisher, Judge. The words, “taxable year of 1890,” are to be construed to mean the calendar year 1890, and, therefore, the taxes ought to be divided between the parties in proportion as they respectively had possession during said calendar year. The taxes for the year 1890 amounted to $775.27. The defendant had possession during seven and one-half months of the calendar year 1890, and, therefore,, ought to be required to pay seven and one-half twelfths of said amount, or $484.54. State v. MacJc-Zin, 41 Mo. App. 335-341. In thqs…
1Opinion of the CourtBiggs, J.
This is an action to recover from the defendant $484.54, this amount being fifteen-twenty-fourths of the taxes for the year 1890 against certain real estate in the city of St. Louis. The plaintiff’s •cause of action grows out of the following written contract, signed by the parties :
‘ ‘ Collateral agreement to a lease, dated the fifteenth day of May, 1890. whereby Mary Y. K. DeGriv■erville leased a lot of ground on the corner of Sixth .and Locust streets to John O’Day and Jerome B. Legg.
*575“These presents, of even date with the lease aforesaid, witness:
“That it is distinctly understood and…
2Cases cited11 opinions
- Glasgow v. RowseSupreme Court of Missouri · 1869
- Weilandy v. LemuelSupreme Court of Missouri · 1871
- Miller v. BrenekeSupreme Court of Missouri · 1884
- State ex rel. Macklin v. RombauerSupreme Court of Missouri · 1891
- McLaren v. ShebleSupreme Court of Missouri · 1869
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3Cited by2 opinions
- Dennig v. Swift & Co.Supreme Court of Missouri · 1936
- Warder-Bushnell-Glesser Co. v. AllenMissouri Court of Appeals · 1895