City of St. Louis v. Boatmen's Insurance & Trust Co.
Supreme Court of Missouri
Appeal from. St. Louis Circuit Court. I. The power to license merely does not confer the right to impose a tax for the purpose of revenue. (Essex v. Barber, 2 Halst. 64; Kip v. City of Patterson, 2 Dutch. 301; City of Cincinnati v. Bryson, 15 Ohio, 625.) H. It is submitted that the clause of the city charter in question impairs the obligation of the contract created by the charter of defendant, and is an infringement of its vested rights.
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Appeal from. St. Louis Circuit Court. I. The power to license merely does not confer the right to impose a tax for the purpose of revenue. (Essex v. Barber, 2 Halst. 64; Kip v. City of Patterson, 2 Dutch. 301; City of Cincinnati v. Bryson, 15 Ohio, 625.) H. It is submitted that the clause of the city charter in question impairs the obligation of the contract created by the charter of defendant, and is an infringement of its vested rights. The power to alter, suspend, or repeal this charter is expressly taken away by the ninth section thereof. (R. C. 1855, art. I, § 7, p. 371; Dartmouth…
1Opinion of the CourtWagner, Judge
This was a proceeding instituted in the Police Court of the city of St. Louis, against the defendant, for violation of city ordinance in refusing to take out a license as required; and judgment being given for the plaintiff, the defendant appealed to the Criminal Court, where the judgment was affirmed. '
The same ordinance comes up for construction that was passed upon in the case of The City of St. Louis v. The Independent Insurance Company of Massachusetts, ante, p. 146, and the difference between the two cases is that that was a foreign insurance company, while the defendant here is a home…
2Cases cited6 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Chilvers v. PeopleMichigan Supreme Court · 1862
- People Ex Rel. Cunningham v. RoperNew York Court of Appeals · 1866
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3Cited by19 opinions
- Pleuler v. StateNebraska Supreme Court · 1881
- Fretwell v. City of TroySupreme Court of Kansas · 1877
- Cache County ex rel. Matthews v. JensenUtah Supreme Court · 1900
- Abraham v. City of RoseburgOregon Supreme Court · 1909
- State v. Maine Central RailroadSupreme Judicial Court of Maine · 1877
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