Young v. Gaus
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Jas. E. Withrow, Judge. (1) Where a statute imposes a penalty for the doing of an act, all contracts made in violation of that statute are void ; a penalty implies a prohibition. Downing v. Ringer, 7 Mo. 586; Rothwell v. Gibson, 121 Mo.
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Appeal from St. Louis City Circuit Court. — No». Jas. E. Withrow, Judge. (1) Where a statute imposes a penalty for the doing of an act, all contracts made in violation of that statute are void ; a penalty implies a prohibition. Downing v. Ringer, 7 Mo. 586; Rothwell v. Gibson, 121 Mo. App. 279; Miller v. Ammon, 145 U. S. 421; Building & Loan Ass’n v. Benson, 189 U. S. 408; Dudley v. Collier, 87 Ala. 431. (2) The general rule of law is that where an act is prohibited or declared unlawful, it is not necessary for the statute to declare the act or contract void. An unlawful act is of itself…
1Opinion of the CourtBland, P. J.
The action is on the following promissory note:
“$1,000. St. Louis, Mo., April 15, 1907.
“Four months after date we promise to pay to the order of the Rio Grande Land, Water & Power Company one thousand and 001100 dollars. Payable at the office of the Rio Grande Land, Water & Power Company.
“For value received negotiable and payable without defalcation or discount and with interest from date ait the rate of six per cent, per annum.
“No.-. Due Aug. 15th.
E. M. Shutt,
John Sehrt,
A. W.- Hoffman,
H. S Whitener,
H. Gaus.”
The note was endorsed as follows: “The Rio Grande Land, Water & Power Co. Per B. W.…
2Cases cited27 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- O'BRIEN v. WheelockSupreme Court of the United States · 1902
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Acton v. DooleySupreme Court of Missouri · 1881
- Garnhart v. FinneySupreme Court of Missouri · 1867
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3Cited by7 opinions
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- Nodaway Drainage District Number One v. Illinois Surety Co.Supreme Court of Missouri · 1913
- Union Bank Note Co. v. Ajax Portland Cement Co.Missouri Court of Appeals · 1911
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