Legal Opinion

St. Joseph Fire & Marine Insurance v. Leland

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 11 opinions

Appeal from Buchanan Circuit Court. — Hon. Joseph P. Grubb, Judge. (1) The petition charges defendant with the violation of a ministerial duty he owed to the plaintiff and clearly states a good cause of action.

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Appeal from Buchanan Circuit Court. — Hon. Joseph P. Grubb, Judge. (1) The petition charges defendant with the violation of a ministerial duty he owed to the plaintiff and clearly states a good cause of action. Amy v. Supervisors, 11 Wall. 188 ; Ciarle v. Miller, 54 N. Y. 528 ; McCutchen v. Windsor, 55 Mo. 153; People v. Solomon, 54 111. 39 ; Hoover v. Barlehoof, 44 N. Y. 113; Sedg. on Dam. [6 Ed.] 633, sidep. 506 ; Adsit v. Brady, 4 Hill, 630 ; 1 Suth. on Dam. 246-7; Cooley on Torts, 398; 20 Cent. Law Jour. 189; 18 N. W. Rep. 675; 49 Ga. 461; 49- Ga. 106. (2) The measure of damages is the…

1Opinion of the Court

Henry, C. J. —

This is an action to recover damages against defendant on the following alleged facts : That he is, and for six years last past has been, a member of the board of county commissioners of Doniphan county, Kansas, and chairman of said board, consisting of three members, whose duties are purely ministerial; that plaintiff, ever since defendant has been a member of said board, has owned and held a large number of bonds issued by said county in payment for stock subscribed by said county in the Denver City railroad company and the Atchison & Nebraska railroad company; that it has…

2Cases cited3 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  3. Holman v. NanceSupreme Court of Missouri · 1884

3Cited by11 opinions

  1. St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
  2. Mosby v. Manhattan Oil Co.Court of Appeals for the Eighth Circuit · 1931
  3. C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1916
  4. Knox County v. HunoltSupreme Court of Missouri · 1892
  5. State ex rel. Wheeler v. AdamsMissouri Court of Appeals · 1903

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