Baumhoff v. St. Louis & Kirkwood Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) The petition states no cause of action. It states no facts showing any failure on the part of defendant to perform the contract on its part; nor any facts showing that the notice alleged to have been given to the trust company by defendant prevented plaintiff from receiving from the trust company either the shares of stock or $5,000 of the proceeds collected from the bonus subscriptions, particularly the…
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Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) The petition states no cause of action. It states no facts showing any failure on the part of defendant to perform the contract on its part; nor any facts showing that the notice alleged to have been given to the trust company by defendant prevented plaintiff from receiving from the trust company either the shares of stock or $5,000 of the proceeds collected from the bonus subscriptions, particularly the latter. It was, therefore, error to render judgment for plaintiff. Railroad v. Atkinson, 17 Mo. App. 492;-School Dist.…
1Opinion of the CourtBrace, P. J.
This is an action by plaintiff, George W. Baumhoff, against the St. Louis & Kirkwood Railroad Company, to recover a balance alleged to be dne plaintiff under a contract for the construction of an electric railway from the city of St. Louis, to Meramec Highlands in the county of St. Louis, and to enforce a lien therefor under the provision of article 4, chapter 102, Revised Statutes 1889, article 4, chapter 47, Revised Statutes 1899, to which the Highlands Scenic Railroad Company and the St. Louis Trust Company were' made parties defendants. The case was dismissed as to the trust company, and…
2Cases cited15 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- McMurray v. BrownSupreme Court of the United States · 1876
- Sweet v. OwensSupreme Court of Missouri · 1891
- Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
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3Cited by11 opinions
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Fuhler v. Gohman & Levine Construction Co.Supreme Court of Missouri · 1940
- Falvey v. HicksSupreme Court of Missouri · 1926
- Amber v. DavisMissouri Court of Appeals · 1926
- Fairbanks-Morse Co. v. Coulson Stock Food Co.Missouri Court of Appeals · 1910
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