Delmar Investment Co. v. Lewis
Supreme Court of Missouri
' Appeal from St. Louis City Circuit Court.— Mon. Eugene McQuillin, Judge. (1) The bond sued on was one of indemnity, and as there was no evidence of the payment of any money by respondents or that they were damaged, they could at most recover only nominal damages.
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' Appeal from St. Louis City Circuit Court.— Mon. Eugene McQuillin, Judge. (1) The bond sued on was one of indemnity, and as there was no evidence of the payment of any money by respondents or that they were damaged, they could at most recover only nominal damages. Walker v. Deaver, 79 Mo. 664; Hunt v. Marsh, 80 Mo. 396; Kellog v. Malin, 62 Mo. 433; Burén v. Hubbel, 54 Mr. App. 617; Bartlet v. Tinsly, 175 Mo. 329. (2) The court erred in holding that the tax bills in,question were prima-faeie evidence of the regularity of the proceedings for such special assessments and the validity of the tax…
1Opinion of the CourtWalker, J.
This is a suit on a bond made by Edward G. Lewis as principal and James F. Coyle as surety, to the plaintiffs. The conditions of same are that the makers will hold the plaintiffs, the Southern Real Estate & Financial Company and Charles J. Celia and their proper*321ty on the north side of Delmar Boulevard within the limits of University City harmless against and pay as and when payable all the special taxes that may be levied by the said nity of University City against the property aforesaid called the “Delmar Eace Track” for the grading, construction, paving and improvement of Delmar Boulevard…
2Cases cited3 opinions
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Delmar Investment Co. v. LewisMissouri Court of Appeals · 1913
3Cited by9 opinions
- State v. TarwaterSupreme Court of Missouri · 1922
- Simpson v. WellsSupreme Court of Missouri · 1922
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- Illinois Power & Light Corp. v. City of Centralia, Ill.District Court, E.D. Illinois · 1935
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