Sharp v. City of Carthage
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D.. Hubbard, Judge. Municipal corporations, acting without negligence or malice, like individuals, are liable for injuries from their acts, although acting within the scope of corporate authority. MeOombs o.
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Appeal from the Greene Circuit Court. — Hon. W. D.. Hubbard, Judge. Municipal corporations, acting without negligence or malice, like individuals, are liable for injuries from their acts, although acting within the scope of corporate authority. MeOombs o. Town Council, 15, Ohio, 475, reviewed in 18 Ohio, 229 ; City of Cincinnati v. Penny, 21 Ohio St. 499. An action will lie for money actually paid to the defendant, and which it is against equity and good conscience for him to retain. Dillon on Mun. Corp., sec. 751, p. 704. (1) The payment by appellant of the said $800 was a voluntary payment…
1Opinion of the CourtRombatjeb, P. J.
The facts of this case, briefly stated, are as follows: On the first day of September, 1887, the appellant was a dramshop keeper in the city of Carthage. As such dramshop keeper he had a county license expiring November 1, 1887, and a city license expiring October 1, 1887. An election had been called by the council of said city to be held on the second day •of September, 1887, under the provisions of the local-option law, for the purpose of submitting the question to the qualified voters of the city of Carthage, whether or not intoxicating liquors should be sold in said city. The appellant,…
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