Westlake & Button v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals¿ This action was brought by Westlake & Button, a corporation, to recover of the city of St. Louis the sum of $1,756.49, the aggregate of overcharges made by the city, as the plaintiff alleged, on water licenses issued to plaintiff.
Read the full summary
Appeal from St. Louis Court of Appeals¿ This action was brought by Westlake & Button, a corporation, to recover of the city of St. Louis the sum of $1,756.49, the aggregate of overcharges made by the city, as the plaintiff alleged, on water licenses issued to plaintiff. At the trial the plaintiff gave evidence tending to show that in September, 1862, the license for plaintiff’s foundry was fixed at'$115 per half year; that prior to that time it had -been.$42 ; that the new rate was illegal and excessive; that plaintiff objected to it on that ground ; that the assessor and collector of water…
1Opinion of the CourtSherwood, J.
The instruction in the nature of a demurrer to the evidence should not have been given. The money sought to be recovered was not voluntarily paid. None of the three cases cited by the defendant are analogous to the present one. Two of them follow in the wake of, and were similar in their essential facts to that of Walker v. City of St. Louis, 15 Mo. 563. There the party who afterward complained, made no objection; paid the taxes; saw them applied to the improvement and enhancement of the value of the property on which they were levied, and years afterward, for the first time, is the complaint…
2Cases cited4 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Comer v. TaylorSupreme Court of Missouri · 1884
- Holmes v. HolmesNew York Supreme Court · 1851
- Walker v. City of St. LouisSupreme Court of Missouri · 1852
3Cited by46 opinions
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
- St. Louis Brewing Ass'n v. City of St. LouisSupreme Court of Missouri · 1897
41 more not listed; retrieve them via the Exa API.