American Brewing Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The charge exacted by the respondent city, and paid by appellant, for the nse of all water at the meter rates, is a matter of contract between the parties, and not of taxation or license.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. (1) The charge exacted by the respondent city, and paid by appellant, for the nse of all water at the meter rates, is a matter of contract between the parties, and not of taxation or license. Brewing Assn. v. St. Louis, 140 Mo. 428; Wagoner v. Rock Island, 146 111. 152; Savings Inst. v. Jersey City, 113 U. S. 514; Vreeland, v. O’Neil, 36 N. J. Eq. 402; Vreeland v. Jersey City, 37 N. J. Eq. 576; Appeal of Brumm, 12 Atl. 856; Savings Society v. Philadelphia, 31 Pa. St. 183; Preston v. Water Comrs., 117 Mich. 589; Bailey…
1Opinion of the Court
MARSHALL, J. —
This is an action to recover nineteen hundred and seventy-five dollars, paid by the plaintiff to the defendant, for water furnished by the defendant to the plaintiff between the first of September, 1897, and the first of March, 1899, and used by the plaintiff in its business of manufacturing beer at its plant, located wholly in city block 851, in the city of St. Louis, and being" one-quarter of one cent per hundred gallons, which it it alleged was that much in excess of the rate prescribed, for such purposes, by the city ordinance.
The trial court sustained a general demurrer to…
2Cases cited9 opinions
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- Scottish Union & National Insurance v. HerriottSupreme Court of Iowa · 1899
- St. Louis Brewing Ass'n v. City of St. LouisSupreme Court of Missouri · 1897
- Claflin v. McDonoughSupreme Court of Missouri · 1863
- Teasdale v. StollerSupreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- American Motorists Insurance Co. v. ShrockMissouri Court of Appeals · 1969
- Brown v. WorthingtonMissouri Court of Appeals · 1912
- Staples v. O'REILLYMissouri Court of Appeals · 1956
- Martin v. Ray County Coal Co.Supreme Court of Missouri · 1921
29 more not listed; retrieve them via the Exa API.