Carter v. George, No. 3548.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtFarrington
Citation264 S.W. 463
PartiesCARTER v. GEORGE et al.
Decision Date02 July 1924
Docket NumberNo. 3548.
264 S.W. 463
CARTER
v.
GEORGE et al.
No. 3548.
Springfield Court of Appeals. Missouri.
July 2, 1924.

Appeal from Circuit Court, Carter County; E. P. Dorris, Judge.

[264 S.W. 464]

Action by William Carter against Louis George and others. From orders sustaining demurrers to the petition, plaintiff appeals. Affirmed.

V. V. Ing, of Greenville, John Raney, of Patterson, and Yount & Nearby and Henson & Woody, all of Poplar Bluff, for appellant.

C. L. Munger, of Piedmont, and John H. Chitwood, of Ellington, for respondents.

FARRINGTON, J.


This is an appeal from the action of the circuit court of Carter county in sustaining demurrers to plaintiff's petition, filed by defendant. The petition is as follows:

"Plaintiff states that at all times hereinafter mentioned Reynolds county was, and now is, one of the legal subdivisions and quasi municipal corporation of said state, duly organized and existing as a county in said state, and that at all times herein mentioned the defendants Louis George, C. L. Satterfield, and William Volmer were and now are the duly elected, qualified, and acting judges of the county court of said Reynolds county, having all the powers, and whose duty it was to perform all the duties of the county court of said county, and composed and were the county court of said county, and that the defendant Louis George was the presiding judge, and the defendants C. L. Satterfield and William Volmer were the district or associate justices of said court, and now are such.

"For his cause of action plaintiff states that on the 23d day of June, 1921, the defendants, then being members of and composing the county court of Reynolds county, and the plaintiff made and entered into a verbal contract and agreement whereby the defendants contracted with and hired plaintiff to drive certain piling along and on the west side of slack river in said county adjoining and near to the west end of a certain public steel highway bridge across said river belonging to said county, near Carter's still in said county, and promised and agreed to pay plaintiff for driving said piling the sum of $500, and plaintiff agreed to drive said piling for said sum of $500; that said bridge composed and was and is a part of the public road and highway in said county, and defendants had said piling driven for the purpose of protecting said bridge from damages by the waters of said river, which it was the duty of the county court of said county to do, and which they were fully authorized and empowered to do, and that the said county possessed funds to pay for the said work, as the defendants informed plaintiff at the time; that the defendants requested plaintiff to proceed at once to drive said piling so as to protect said bridge as aforesaid during the vacation of said county court, and promised and assured plaintiff that they had the power to do so, and would make all the legal and necessary orders and records as the county court of said county when court should be in regular session in the month of August, 1921, or sooner, if said court should be in session sooner, legally hiring and contracting with plaintiff for said work, and obligating said county to pay plaintiff $500; that in reliance upon said promises and recommendations so made by the defendants as afore-said the plaintiff proceeded at once to drive said piling as directed by and under the orders of the...

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2 practice notes
  • Kansas City v. Halvorson, No. 38611.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...of Kansas City; Fleshner v. Kansas City, 156 S.W. (2d) 706; W.W. Cook & Son v. City of Cameron, 128 S.W. 269; Carter v. George, 264 S.W. 463; Donovan, Admr., v. Kansas City, 175 S.W. (2d) 874; Crutchfield v. Warrensburg, 30 Mo. App. 456. (4) The judgment of the trial court was based on ......
  • Clay v. American Nat. Ins. Co., No. 3529.
    • United States
    • Court of Appeal of Missouri (US)
    • July 2, 1924
    ...an agent of the appellant, to purchase insurance with appellant. Deceased agreed on March 18, 1923, was duly examined by Dr. W. W. Simms, 264 S.W. 463 medical examiner for appellant. Thereafter a policy of insurance was issued by appellant, based upon the application of deceased and the med......
2 cases
  • Kansas City v. Halvorson, No. 38611.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...of Kansas City; Fleshner v. Kansas City, 156 S.W. (2d) 706; W.W. Cook & Son v. City of Cameron, 128 S.W. 269; Carter v. George, 264 S.W. 463; Donovan, Admr., v. Kansas City, 175 S.W. (2d) 874; Crutchfield v. Warrensburg, 30 Mo. App. 456. (4) The judgment of the trial court was based on ......
  • Clay v. American Nat. Ins. Co., No. 3529.
    • United States
    • Court of Appeal of Missouri (US)
    • July 2, 1924
    ...an agent of the appellant, to purchase insurance with appellant. Deceased agreed on March 18, 1923, was duly examined by Dr. W. W. Simms, 264 S.W. 463 medical examiner for appellant. Thereafter a policy of insurance was issued by appellant, based upon the application of deceased and the med......

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