Schueler v. City of Kirkwood
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. G. A. Wwdeman, Judge. (1) Unless by authority of statute, money voluntarily paid to discharge a tax cannot be recovered back because tbe tax was irregular or void. State ex - rel.
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Appeal from St. Louis County Circuit Court. — Eon. G. A. Wwdeman, Judge. (1) Unless by authority of statute, money voluntarily paid to discharge a tax cannot be recovered back because tbe tax was irregular or void. State ex - rel. Rice v. Powell, 44 Mo. 436; 4 Dillon on Municipal '■ Corporations (5 Ed.), secs. 1617-1619; Robins v. Latham, 134 Mo. 466. (2) If moneys belonging to a particular fund have been received by the city, then a diversion of these moneys from the fund, by the city, is a breach of contract, for which the city is liable. Valleau v. Newton County, 72 Mo. 593; Valleau v. •…
1Opinion of the CourtNortoni, J.
This is a suit for the reasonable value of two aseptic tanks installed by plaintiff’s decedent under a contract with defendant city as parcel of its public sewer system. The amount sued for is $4700 and interest. At the conclusion of the evidence the court directed a verdict for defendant and plaintiff prosecutes the appeal.
Plaintiff is administratrix of the estate of her deceased husband, Charles Sehueler, and sues in that capacity. Defendant, a city of the fourth class, interposes a more or less technical defense, to the effect the contract for the installation of the several aseptic tanks…
2Cases cited14 opinions
- Robins v. LathamSupreme Court of Missouri · 1896
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- Edwards v. City of KirkwoodMissouri Court of Appeals · 1910
- City of Lansing v. Van GorderMichigan Supreme Court · 1872
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3Cited by4 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- McMurry v. Kansas CitySupreme Court of Missouri · 1920
- Metz v. WarrickMissouri Court of Appeals · 1925
- Kennedy v. City of St. LouisMissouri Court of Appeals · 1988