City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von Phul
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in sustaining the objection to the introduction of the bond and contract. (2) It is established beyond controversy in this state, that a person for whose benefit an express promise is made, in a contract between other parties, may have the benefit of such promise.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in sustaining the objection to the introduction of the bond and contract. (2) It is established beyond controversy in this state, that a person for whose benefit an express promise is made, in a contract between other parties, may have the benefit of such promise. Howsmon v. Trenton Water Co., 119 Mo. 307; Ellis v. Harrison, 104 Mo. 276. (3) A debt due by a municipal corporation to its creditor may by a creditor’s bill be subjected to the satisfaction of a judgment against the latter. Pendleton v.…
1Opinion of the CourtMacfarlane, J.
Defendants Yon Phul and Joseph Grimm secured a contract from the city of St. Louis to repair the sidewalks in a certain district. The contract provided in detail for the work, the materials to be used, and for the payment therefor by special tax bills to be charged against adjacent property. At the end of, and as a part of, the contract was this obli*564gation, signed by the contractors and the Municipal Trust Company and Edward Butler as securities:
“The said St. Louis Sidewalk Company, Stephen Yon Phul and Joseph Y. Grimm, proprietors, as principal, and Municipal Trust Company and Ed. Butler as…
2Cases cited8 opinions
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Kaufmann v. CooperNebraska Supreme Court · 1896
- Rogers v. GosnellSupreme Court of Missouri · 1875
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Searles v. City of FloraIllinois Supreme Court · 1906
- Crone v. StindeSupreme Court of Missouri · 1900
- Smith v. BowmanUtah Supreme Court · 1907
67 more not listed; retrieve them via the Exa API.