Board of President of the St. Louis Public Schools v. Woods
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The bond is void in so far as it attempts to authorize the plaintiff to bring this suit, because, by the terms of the act of 1833, plaintiff could only contract for the building of the school house and payment therefor. It was not in privity with sub-contractors or laborers; their payment or non-payment did not nor could not affect the plaintiff.
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Appeal from St. Louis Court of Appeals. The bond is void in so far as it attempts to authorize the plaintiff to bring this suit, because, by the terms of the act of 1833, plaintiff could only contract for the building of the school house and payment therefor. It was not in privity with sub-contractors or laborers; their payment or non-payment did not nor could not affect the plaintiff. A corporation cannot act as a trustee in a matter in which it has no authority, or in a matter that is inconsistent with or repugnant or foreign to the purposes for which it is incorporated. 1 Perry on Trusts,…
1Opinion of the Court
Martin, C.
This action was commenced on the 12th of September 1877, upon a bond given by defendants to the plaintiff in November, 1872. On the 12th of November, 1872, Stephenson Woods and John W. Barnes, under the name and Btyle of Woods & Barnes, entered into a contract with plaintiff to erect and finish a school house in the southeastern part of St. Louis, for the sum of $6,977. At the time of entering into this contract said Woods & Barnes, as principals, and Jephtha H. Simpson and Thomas R. Pullis, as securities, the defendants in this case, executed and delivered to the plaintiff their…
2Cited by13 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- School District ex rel. Koken Iron Works v. LiversSupreme Court of Missouri · 1899
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973
- National Surety Co. v. Hall-Miller Decorating Co.Mississippi Supreme Court · 1913
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