McAllister v. Reel
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Cowrt. — Hon. W. W. Edwaeds, Judge. (1) Instruction number 1 is improper. Plaintiff could have no interest in the $1,250, awarded defendant for the value of the fee. The court instructed the jury to make the sum of $4,732.50 the basis of their calculation. Such sum was the entire amount received by defendant, $3,500 being the amount allowed for the improvements, and the $1,250 allowed for the fee.
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Appeal from the St. Louis County Circuit Cowrt. — Hon. W. W. Edwaeds, Judge. (1) Instruction number 1 is improper. Plaintiff could have no interest in the $1,250, awarded defendant for the value of the fee. The court instructed the jury to make the sum of $4,732.50 the basis of their calculation. Such sum was the entire amount received by defendant, $3,500 being the amount allowed for the improvements, and the $1,250 allowed for the fee. The scheme and charter make it necessary in proceedings to open streets that every one having an interest be made parties. Plaintiff cannot recover as he was…
1Opinion of the CourtBiggs, J.
— The plaintiffs action is for money had and received.
For the purpose of widening Whittier street, the city of St. Louis in 1889 condemned a part of city block number 3681, having a front of seventy feet on Easton avenue by a depth of one hundred and sixty-six feet. There is atenement house on the lot. The greater portion of the house was condemned and removed. The plaintiff at the time of the condemnation was the owner of an unexpired lease for a term of years, and the defendant was the owner of the reversion. Both were made parties and appeared to the condemnation proceedings. The…
2Cases cited3 opinions
- Tamm v. KelloggSupreme Court of Missouri · 1871
- Brinckerhoff v. WempleNew York Supreme Court · 1828
- Harris v. HowesSupreme Judicial Court of Maine · 1883
3Cited by12 opinions
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
- Land Clearance for Redevelopment Corp. v. DoernhoeferSupreme Court of Missouri · 1965
- American Creameries Co. v. Armour & Co.Washington Supreme Court · 1928
- Kafka v. DavidsonSupreme Court of Minnesota · 1917
- City of Cincinnati v. FoxOhio Court of Appeals · 1943
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