Interurban Construction Co. v. Hayes
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of the plaintiff’s case and at the close of the whole case, and in holding and instructing the jury upon the theory that under the terms of the Alexander contract the bonds could not be lawfully pledged to secure the commissions of W. J. Hayes & Sons, H. E. Hayes and the commissions and interest to Park National Bank.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of the plaintiff’s case and at the close of the whole case, and in holding and instructing the jury upon the theory that under the terms of the Alexander contract the bonds could not be lawfully pledged to secure the commissions of W. J. Hayes & Sons, H. E. Hayes and the commissions and interest to Park National Bank. Railroad v. Thompson, 103 Ill. 201; Phila. v. Railroad, 133 Pa. St. 134; Haywood v. Perrin, 10 Pick. 228; Orr v. Rode, 101 Mo.…
1Opinion of the CourtFox, J.
This cause is here by appeal from a judgment against the defendant from the circuit court of the city of St. Louis. To fully appreciate the legal propositions involved in this controversy it is necessary to reproduce the petition and answer upon which the cause was tried. The petition is as follows:
“Now comes the plaintiff and by leave of court first had and obtained, files this its amended petition in this cause, and for a cause of action herein says:
"1. That it is now, and at the various times hereinafter mentioned was a corporation, duly organized, incorporated and existing under and by…
2Cases cited4 opinions
- Nichol v. ThomasIndiana Supreme Court · 1876
- Tuley v. BartonSupreme Court of Virginia · 1884
- Conant v. Estate of KimballWisconsin Supreme Court · 1897
- Carpenter v. JamisonSupreme Court of Missouri · 1882
3Cited by4 opinions
- Allen v. Bagley and F. H. Sav. L. Assn.Missouri Court of Appeals · 1939
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- Raicher v. National Bank of CommerceMissouri Court of Appeals · 1925
- Wells v. WellsMissouri Court of Appeals · 1926