Smythe v. Hanson
Missouri Court of Appeals
Appeal from the Greene Circuii' Court.—Hon. James T. Neville, Judge. Plaintiff should have stated that he was a physician, duly, authorized by the state board of health to practice as such. His contract was in violation of a positive statute forbidding the carrying on of the business under which the obligation was attempted to be made, and was, therefore, void. R. S., secs.. 6871 and 6881; 3 Am. and Eng.
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Appeal from the Greene Circuii' Court.—Hon. James T. Neville, Judge. Plaintiff should have stated that he was a physician, duly, authorized by the state board of health to practice as such. His contract was in violation of a positive statute forbidding the carrying on of the business under which the obligation was attempted to be made, and was, therefore, void. R. S., secs.. 6871 and 6881; 3 Am. and Eng. Encyclopedia of Law, page 872; Doivning v. Ringer, 7 Mo. 292; Friend v. Porter, 50 Mo. App. 89; Lawson on Contracts, sec. 281; Broom’s Legal Maxims [8Ed.], page 731; Bishop on Contracts, sec.…
1Opinion of the CourtRombauer, P. J.
—This suit is for medical services, and was instituted before a justice of the peace. The circuit court, on appeal, tried the cause without the intervention of a jury, and rendered judgment for plaintiff. In doing so the court made a special finding, which is conceded to be supported by the evidence, and which is as follows:
“That the plaintiff has been a_ practicing physician in other states than Missouri for about eleven years; *287that he practiced medicine in the state of Missouri for two years only prior to the time of performing the services mentioned in plaintiff’s account; that the…
2Cases cited2 opinions
- Prince v. Eighth Street Baptist ChurchMissouri Court of Appeals · 1886
- Davidson v. BohlmanMissouri Court of Appeals · 1889
3Cited by6 opinions
- Reichardt v. HillCourt of Appeals for the Sixth Circuit · 1916
- Tooker v. DuckworthMissouri Court of Appeals · 1904
- Bassen v. MoncktonSupreme Court of Missouri · 1925
- Rothwell v. GibsonMissouri Court of Appeals · 1906
- O'Bannon v. WydickSupreme Court of Missouri · 1920
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