Tamm v. Kellogg
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The record does not show any privity between the plaintiff and defendant. (1 Wheat. Sel. Nisi Prius, 104.) The plaintiff, Tamm, was no party to the proceedings of the city of St. Louis v. Kellogg. The verdict and assessment of the jury was in favor of defendant. The verdict was confirmed and the money paid to defendant by the city. Plaintiff had no interest in it.
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Appeal from St. Louis Circuit Court. I. The record does not show any privity between the plaintiff and defendant. (1 Wheat. Sel. Nisi Prius, 104.) The plaintiff, Tamm, was no party to the proceedings of the city of St. Louis v. Kellogg. The verdict and assessment of the jury was in favor of defendant. The verdict was confirmed and the money paid to defendant by the city. Plaintiff had no interest in it. By the payment of the money the city was entitled to take possession and did take possession of the land, and defendant’s title was vested in the city. II. The plaintiff did not show any legal…
1Opinion of the CourtBliss, Judge
The city o£ St. Louis established and opened Mercer street, appropriated land claimed by both plaintiff and defendant; the damages were assessed at $900, and paid to" defendant, and the plaintiff brings this suit for the money thus received. Both parties treat the proceedings of the city authorities as regular, and seek to affirm them, although they might have been avoided for non-compliance with the statute; and the question arises, whether there was such privity between these parties, that this action will lie.
In order to sustain an action for money had and received, privity of contract is…
2Cases cited5 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Thomas v. BabbSupreme Court of Missouri · 1870
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Floyde v. WileySupreme Court of Missouri · 1826
- Leary v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
3Cited by23 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Edwards v. FlemingSupreme Court of Kansas · 1911
- Schad v. SharpSupreme Court of Missouri · 1888
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