Town of Kirkwood v. Meramec Highlands Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The attempt of the town to grant respondents an exclusive privilege to build waterworks does not invalidate the ordinance, nor the first section thereof. The exclusive feature alone is void. The ordinance without this feature is .good, and is sufficient consideration for the bond.
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Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The attempt of the town to grant respondents an exclusive privilege to build waterworks does not invalidate the ordinance, nor the first section thereof. The exclusive feature alone is void. The ordinance without this feature is .good, and is sufficient consideration for the bond. Carroll v. Campbell, 108 Mo. 559; Gas Co. v. Parkersburg, 30 W. Va. 435; Grant v. City of Davenport, 36 Iowa 396; Grand Rapids E. L. & P. Co. v. G. R. E. E. L. & E. G. Co., 33 Eed. Rep, 659, 1. c. 679; Packet Co. v. Keokuk, 95 U. S. 80; Rand…
1Opinion of the CourtBarclar, J.
This is an action for damages, in the sum of fifteen hundred dollars, for breach of the conditions of a bond executed to the plaintiff by the defendant company as principal, and by the other defendant as surety. The bond was conditioned for the faithful performance by the defendant company of the stipulations contained in an ordinance of the town of Kirkwood touching the construction of waterworks for the- benefit of the citizens of plaintiff.
The conti-olling facts are not disputed. The plaintiff is a municipal corporation, governed by a special charter enacted befoi-e the Missouri…
2Cases cited7 opinions
- State ex inf. Crow v. West Side Street Railway Co.Supreme Court of Missouri · 1898
- County Court v. GriswoldSupreme Court of Missouri · 1874
- Carroll v. CampbellSupreme Court of Missouri · 1891
- Cartersville Improvement, Gas & Water Co. v. Mayor of CartersvilleSupreme Court of Georgia · 1892
- Kirkwood v. Meramec Highlands Co.Supreme Court of Missouri · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Kramer v. SchwartzSupreme Court of Missouri · 1935
- Williams v. Kansas City, Mo.District Court, W.D. Missouri · 1952
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
- State ex rel. St. Louis Transfer Co. v. CliffordSupreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.