City of St. Louis v. G. H. Wright Contracting Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Woiod, Judge. (1) The petition fails to state a cause of action in this: that the city sues as the trustee of an express trust for third persons, abutting lot-owners, for the breach of a bond entirely between the city and the défendants, to which the third persons are not parties, (a) Where an action is brought by a trustee for the benefit of third persons, they are the real parties, and the trustee has no.…
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Woiod, Judge. (1) The petition fails to state a cause of action in this: that the city sues as the trustee of an express trust for third persons, abutting lot-owners, for the breach of a bond entirely between the city and the défendants, to which the third persons are not parties, (a) Where an action is brought by a trustee for the benefit of third persons, they are the real parties, and the trustee has no. individual interest in- the action unless he is a co-beneficiary, expressly or of the same class, and then he has no greater or…
1Opinion of the CourtWoodson, J.
The city of St. Louis, as trustee of an express trust, instituted this suit in the circuit court of that city against respondents, based upon twelve distinct bonds, each declared upon in a separate count of the petition, and each involving questions identical in principle. We will, therefore, notice only one count, and what'is said regarding that one will apply equally well to the other eleven.
The facts of the case are, substantially, as follows:
The city of St. Louis on May 18,1900, entered into a written contract with defendant Gr. H. Wright Contracting Company, whereby the latter undertook…
2Cases cited11 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Simson v. . BrownNew York Court of Appeals · 1877
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Neenan v. SmithSupreme Court of Missouri · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- City of St. Louis v. G. H. Wright Contracting Co.Supreme Court of Missouri · 1908
- City of Oakland v. De GuardaCalifornia Court of Appeal · 1928
- City of University City Ex Rel. MacKey v. Frank Miceli & Sons Realty & Building Co.Supreme Court of Missouri · 1961
- City of Kansas v. Milrey Development Co.Missouri Court of Appeals · 1980
11 more not listed; retrieve them via the Exa API.