State v. Gregory
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The court should have sustained the motion to quash the indictment for the reason that the. section of the statute under which it is drawn is unconstitutional and void: (a) It is class legislation, (b) It deprives the contractor of the equal protection of the law.
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Transferred from Kansas City Court of Appeals. (1) The court should have sustained the motion to quash the indictment for the reason that the. section of the statute under which it is drawn is unconstitutional and void: (a) It is class legislation, (b) It deprives the contractor of the equal protection of the law. (c) It deprives the contractor of the free use of his property, (d) It imposes a penalty upon a contractor that it does not impose upon any other person, and is therefore void. Mo. Constitution, art. 11, sec. 30; U. S. Constitution, sec. 1, art. 14; State v. Julow, 129 Mo. 163;…
1Opinion of the CourtGantt, J.
This is a prosecution under section 4226, Revised Statutes 1899, which is in these words-:
"Sec. 4226. Any contractor or subcontractor who shall purchase materials on credit, and represent at the time of purchase that the same are to be used in a designated building or other improvement, and shall thereafter use, or cause to be used, the said material's in the construction of any building or improvement other than that designated, without the written consent of' the person from whom the materials were purchased, with intent to defraud such person, shall be deemed guilty of a misdemeanor, and,…
2Cases cited24 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State v. JulowSupreme Court of Missouri · 1895
- State v. LoomisSupreme Court of Missouri · 1893
- Cole Manufacturing Co. v. FallsTennessee Supreme Court · 1891
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carson v. BaldwinSupreme Court of Missouri · 1940
- Davidson v. FisherMissouri Court of Appeals · 1953
- State Ex Rel. Mueller Baking Co. v. CalvirdSupreme Court of Missouri · 1936
- State v. WalkerSupreme Court of Missouri · 1911
- State v. DavidsonMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.