Missouri Pacific Railway Co. v. Tygard
Supreme Court of Missouri
Appeal from Bates Circuit Court. — How. Jas. B. Gantt, Judge. (1) The .notes were a bonus or donation to the railroad on certain conditions, and the road did not comply therewith, and there can be no recovery. In a case of conditional subscription (which must be distinguished from a donation) it was held by the Iowa Supreme Court that a depot at a town should be inside and not outside of it.
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Appeal from Bates Circuit Court. — How. Jas. B. Gantt, Judge. (1) The .notes were a bonus or donation to the railroad on certain conditions, and the road did not comply therewith, and there can be no recovery. In a case of conditional subscription (which must be distinguished from a donation) it was held by the Iowa Supreme Court that a depot at a town should be inside and not outside of it. JR,. JR. v. O’ Connor, 40 la. 477. (2) But if the conditions had been strictly complied with, the contract could not be enforced as it is against public policy and is void. 14 Hun. 392; JDix v. Shaver, 1…
1Opinion of the CourtBlack, J.
This was a suit to recover the possession of one hundred and seventy-three notes, or subscription contracts, given by various persons -to the Lexington and Southern Railway Company, to aid in the construction of that road. The defendant, Tygard, held the notes in compliance with a stipulation contained in each note, to the effect that if the company should complete and put in operation its railway of standard gauge from the town of Pleasant Hill in Cass county to the city of Butler in Bates county, and should establish and construct a depot within three-quarters of a mile of the court house…
2Cases cited12 opinions
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
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