St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) Respondent is liable for the rent and penalties, whether the lease of April 10, 1884, constituted an assignment or only a sublease. R. S. 1889, secs. 6388, 6389; Martin v. Hicks, 25 Mo. App. 359; Hulett v. Stockivell, 27 Mo.
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Appeal from St. Louis City Circuit Court. (1) Respondent is liable for the rent and penalties, whether the lease of April 10, 1884, constituted an assignment or only a sublease. R. S. 1889, secs. 6388, 6389; Martin v. Hicks, 25 Mo. App. 359; Hulett v. Stockivell, 27 Mo. App. 328; Garroute v. White, 92 Mo. 237. (2) Respondent is liable for damages for nonrepair of appellant’s property, whether the lease of April 10, 1883, constitutes an assignment or only á sublease, inasmuch as respondent covenanted with the Wabash to keep appellant’s road in repair. Bank v. Leyser, 116 Mo. 51; State ex rel.…
1Opinion
ON MOTION FOR REHEARING.
Gantt, P. J.
We have been moved to grant a rehearing herein.
We still adhere to the view originally expressed that the litigated instrument was not a lease but simply (for want of a better expression) “an operating contract.” We attach no importance to the fact, for reasons already given, that the parties to that contract denominated it a lease. Nor is the defendant concluded by the admission in its answer that it was a lease since the admission was accompanied by profert of the instrument on which its admission was based. Such an admission can not “in the smallest…
2Cases cited13 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
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