Nodaway Drainage District Number One v. Illinois Surety Co.
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Eon. W. C. Ellison, Judge. (1) The court erred in sustaining the motion of the plaintiff to strike out certain portions of defendant’s answer, by which the court struck out all that part of the answer referring to the failure of G-illi-gan Company to procure a license to do business in the State of Missouri.
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Appeal from Holt Circuit Court. — Eon. W. C. Ellison, Judge. (1) The court erred in sustaining the motion of the plaintiff to strike out certain portions of defendant’s answer, by which the court struck out all that part of the answer referring to the failure of G-illi-gan Company to procure a license to do business in the State of Missouri. Inasmuch as it is admitted that G-illigan & Company had not complied with the laws of Missouri, the contract made and entered into by the Gilligan Company with the, drainage district was void, and no recovery can he had thereon. Shoe Mach. Co. v. Ramlose,…
1Opinion of the Court
OPINION.
I
BOND-, J.
(After stating the facts as above.)— The first error assigned by the appellant is, the action by the trial court in striking out that portion of its answer, which alleged as a defense that its principal, the Gilligan Company, had not been licensed to do business in this State, wherefore its contract with the. plaintiff was void; and hence the bond entered into by defendant securing the performance of said contract was also void. That is quite a novel proposition Corporation' Liability of surety. independent of its moral aspect. Whether ^he Gilligan Company could have…
Also in this document: Per curiam.
2Cases cited16 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Chapman v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1898
- State v. WeaverSupreme Court of Missouri · 1901
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3Cited by2 opinions
- Lackland v. EdwinSupreme Court of Missouri · 1914
- Joblin v. Illinois Surety Co.Missouri Court of Appeals · 1916