Edwards v. Ferguson
Supreme Court of Missouri
Appeal from Louisiana Court of Common Pleas. — Hon. G-. Porter, Judge. This was a suit to enforce against-the defendants a personal liability for having, as the petition alleged, wrongfully refused to pay plaintiffs a balance claimed to be due them on a contract for the erection of the Normal school-building at Kirksville. The contract was made by plaint- / ifts with the Board of Regents of the Missouri State Nor- i mal Schools, of which defendants were members.
Read the full summary
Appeal from Louisiana Court of Common Pleas. — Hon. G-. Porter, Judge. This was a suit to enforce against-the defendants a personal liability for having, as the petition alleged, wrongfully refused to pay plaintiffs a balance claimed to be due them on a contract for the erection of the Normal school-building at Kirksville. The contract was made by plaint- / ifts with the Board of Regents of the Missouri State Nor- i mal Schools, of which defendants were members. The ; board was charged by law with the duty of superintending i the erection of the building. Defendants refused to pay i the…
1Opinion of the CourtSherwood, C. J.
Defendants, who are the successors in office of a former Board of Regents of the Missouri State Normal Schools, are not responsible individually, either for the acts of their predecessors, or for their own acts unless maliciously done. No principle of law .is better settled by the authorities than this, that persons holding official positions, positions giving them enlarged discretionary powers, cannot incur individual liability except on the ground just instanced. In Reed v. Conway, 20 Mo. 22, an extended review of the authorities occurs ; that case dominates this one. No cause of action is…
2Cases cited1 opinion
- Reed v. ConwaySupreme Court of Missouri · 1854
3Cited by11 opinions
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Schooler v. ArringtonMissouri Court of Appeals · 1904
- Knox County v. HunoltSupreme Court of Missouri · 1892
- Albers v. Merchants' ExchangeSupreme Court of Missouri · 1897
- Huebner v. NimsMichigan Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.