Abler v. School District of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The merger of the two districts annulled the executing contracts sued upon, leaving the defendant district liable only for the value of services performed at the time of the merger. 7 A. and E. Ency. of Law (2 Ed.), 116; People v. Insurance Co., 91 N. Y. 174; Mumma v. Potomac Co., 8 Peters 287; Read v. Bank, 23 Me. 321; Jones v. Judd, 42 N. Y. 41; Segall v. Eaton, 165 Ill. 550. (2) Under the Constitution and…
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The merger of the two districts annulled the executing contracts sued upon, leaving the defendant district liable only for the value of services performed at the time of the merger. 7 A. and E. Ency. of Law (2 Ed.), 116; People v. Insurance Co., 91 N. Y. 174; Mumma v. Potomac Co., 8 Peters 287; Read v. Bank, 23 Me. 321; Jones v. Judd, 42 N. Y. 41; Segall v. Eaton, 165 Ill. 550. (2) Under the Constitution and Laws of Missouri, the contracts were void, because at the. time of their execution, district number seven had no funds…
1Opinion of the Court
BROADDUSj P. J.
The plaintiff in the trial court sought to recover from appellant damages for failing to perform a certain contract, alleged to have been made with School District No. 7.
The petition after an allegation of the corporate capacity of the two districts, sets out that on the 9th day of September, T904, the voters of district No. 7 voted in favor of becoming incorporated with defendant School District of St. Joseph, and that on September the 15th, 1904, the directors of the latter voted to accept District No. 7, and received all its property real and personal and assumed its debts.…
2Cases cited4 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
- Thompson v. AbbottSupreme Court of Missouri · 1875
- School District Number 1 v. EdmonstonMissouri Court of Appeals · 1892
3Cited by5 opinions
- State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
- Walker v. BennettSupreme Court of South Carolina · 1923
- Rocky Mount Independent School Dist. v. JacksonCourt of Appeals of Texas · 1941
- McClure v. Princeton Re-Organized School District R-5 of Mercer & Grundy CountiesMissouri Court of Appeals · 1957
- Cleveland Village School District No. 118 v. ZionMissouri Court of Appeals · 1916