Publishers George Knapp & Co. v. Culbertson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. J.' Seehorn, Judge. (1) Plaintiff’s petition stated no cause of action for the reason that it showed on its face that the eon-tract relied on and for recovery in both, counts of petition showed expressly that it called for work to be done on Sunday, which was in express violation of.the statutes. See sec. 2240' and 2243, R. S. 1899. Tbe court will take judicial notice that the 12th and 19 th of April, 1908, were both on Sunday.
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Appeal from Jackson Circuit Court. — Hon. Thos. J.' Seehorn, Judge. (1) Plaintiff’s petition stated no cause of action for the reason that it showed on its face that the eon-tract relied on and for recovery in both, counts of petition showed expressly that it called for work to be done on Sunday, which was in express violation of.the statutes. See sec. 2240' and 2243, R. S. 1899. Tbe court will take judicial notice that the 12th and 19 th of April, 1908, were both on Sunday. Taylor on E.v., sec. 14; 8 Am. and Eng. Ency. Law (2 Ed.), 734; 17 Am', and Eng. Ency. Law (2 Ed.), 904; Bliss Code…
1Opinion of the CourtJohnson, J.
Plaintiff, publisher of the St. Louis Republic, a newspaper of general circulation, brought suit against defendants to- recover the contract price of advertisements it inserted for defendants in two Sunday issues of the newspaper. The petition is in two counts, each advertisement being-pleaded as a separate cause of action. A jury was waived and the court, after hearing the evidence, rendered judgment for plaintiff on both counts. Defendants appealed and contend that the contracts for the advertising were void because they provided for the violation of the statute prohibiting labor on Sunday…
2Cases cited6 opinions
- St. Louis Agricultural & Mechanical Ass'n v. DelanoSupreme Court of Missouri · 1891
- Handy v. St. Paul Globe Publishing Co.Supreme Court of Minnesota · 1889
- Sybert v. JonesSupreme Court of Missouri · 1853
- Cummiskey v. WilliamsMissouri Court of Appeals · 1886
- Sheffield v. BalmerSupreme Court of Missouri · 1873
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3Cited by3 opinions
- Texas Employers' Ins. Ass'n v. TaborCourt of Appeals of Texas · 1925
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Pollack v. Carlye Dress Corp.District Court, E.D. Missouri · 1948