State v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A party for whose benefit a stipulation in a contract is made, may maintain a suit on such stipulation in his own name. Fitzgerald v. Barker, 70 Mo. 687. This doctrine was first confined to suits on simple contracts. Bankv. Benoist, 10 Mo. 519; Bobbins v. Ayres, 10 Mo. 538; Meyer v. Loioell, 44 Mo. 328; Flannigan v. Hutchinson, 47 Mo. 237. But this rule was afterward extended to covenants.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A party for whose benefit a stipulation in a contract is made, may maintain a suit on such stipulation in his own name. Fitzgerald v. Barker, 70 Mo. 687. This doctrine was first confined to suits on simple contracts. Bankv. Benoist, 10 Mo. 519; Bobbins v. Ayres, 10 Mo. 538; Meyer v. Loioell, 44 Mo. 328; Flannigan v. Hutchinson, 47 Mo. 237. But this rule was afterward extended to covenants. Bodgers v. Gosnell, 51 Mo. 466; Fitzgerald v. Barker, 85 Mo. 14; Bodgers v. Gosnell, 58 Mo. 589. See, also, Van Schaick v.…
1Opinion of the CourtBlack, P. J.
The state of Missouri brought this action at law against the St. Louis & San Francisco Railway Company to recover $300,000 and the interest thereon. The state’s cause of action is founded on a bond, dated June 10, 1868, whereby the South Pacific Railroad Company agreed to pay to the state the above named amount in three equal annual installments falling due on the first days of June, 1874, 1875 and 1876. The claim of the state is that this bond became the debt of the Atlantic & Pacific Railroad Company *604because of an agreement on the part of the last named company to pay the debts of the South…
2Cases cited14 opinions
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Burton v. LarkinSupreme Court of Kansas · 1887
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Rogers v. GosnellSupreme Court of Missouri · 1875
- Robbins v. AyresSupreme Court of Missouri · 1847
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3Cited by15 opinions
- Stephens v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1967
- Gallagher v. Simmons Hardware Co.Missouri Court of Appeals · 1924
- United States v. ScottCourt of Appeals for the Eighth Circuit · 1948
- Leckie v. BennettMissouri Court of Appeals · 1911
- Silton v. Kansas CitySupreme Court of Missouri · 1969
10 more not listed; retrieve them via the Exa API.