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First National Bank v. Arnoldia

First National Bank of Kansas City v. Peter Arnoldia

First Nat'l Bank v. Arnoldia, 63 Mo. 229 (1876)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1876
Judges
Hough, Other, Sherwood
Citations
63 Mo. 229
Headnotes
1. Special tax bill — Work included in and not embraced in contract — Effect of on bill. — The fact that a special tax bill is made to include work done by one who has no contract therefor with the city, does not invalidate ihe whole bill and prevent all recovery thereon. (See Neenan vs. Smith, 60 Mo. 292).
Summary
Jippeal from, Special Law fy Equity Court of Jackson Co. cited: Neenan vs. Smith, 60 Mo. 292. cited: Creighton vs. Monson, 27 Cal. 613.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sherwood

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Sherwood, Judge,

delivered the opinion of the court.

Action on special tax bill. The plaintiff is the assignee of one Landy, to whom the tax bill was delivered by the city engineer, who it seems included in the bill, work done by one Corrigan, under the mistaken idea that he had made a contract with the city for the performance of the work. Landy it appears paid Corrigan for the work he had done, and having made a contract with the city, completed the work already begun by Corrigan, and received a tax bill for the full amount of the work done, inclusive of that performed by Corrigan. The court below held that this action on the part of the engineer, invalidated the whole bill, and precluded any recovery whatever on the part of the plaintiff.

This was an erroneous view of the matter as ruled by us in Neenan vs. Smith ( 60 Mo. 292 ). Judgment reversed and cause remanded ;

Judge Hough not sitting. ' The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

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1877–1878: 11883–1884: 11885–1886: 11887–1888: 21889–1890: 11895–1896: 11907–1908: 11909–1910: 21913–1914: 118772026peak 1887 · 2

Relies on it most ⓘ

  1. Farrar v. City of St. Louis80 Mo. 379 (1883)
  2. Neil v. Ridge119 S.W. 619 (Mo. 1909)
  3. Walsh v. First National Bank123 S.W. 1001 (Mo. Ct. App. 1909)
  4. Cole v. Skrainka37 Mo. App. 427 (1889) · Dissent
  5. City of Boonville ex rel. Cosgrove v. Rogers101 S.W. 1120 (Mo. Ct. App. 1907)
  6. City of Springfield ex rel. Bank of Commerce v. Baxter165 S.W. 366 (Mo. Ct. App. 1914)

Most recent

  1. City of Springfield ex rel. Bank of Commerce v. Baxter165 S.W. 366 (Mo. Ct. App. 1914)
  2. Walsh v. First National Bank123 S.W. 1001 (Mo. Ct. App. 1909)
  3. Neil v. Ridge119 S.W. 619 (Mo. 1909)
  4. City of Boonville ex rel. Cosgrove v. Rogers101 S.W. 1120 (Mo. Ct. App. 1907)
  5. Gallaher v. Bartlett64 Mo. App. 258 (1896)
  6. Cole v. Skrainka37 Mo. App. 427 (1889) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Neenan v. Smith, 60 Mo. 292 (1875) 26

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