Missouri § 91.740 - Rights and powers of bondholders — shall be cumulative.

§ 91.740. Rights and powers of bondholders — shall be cumulative.

1.  Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated

(1)  By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the municipality and its governing body and any of its officers, agents and employees and to require and compel such municipality or such governing body or any such officers, agents or employees to perform and carry out its and their duties and obligations under sections 91.620 to 91.770 and its and their covenants and agreements with bondholders;

(2)  By action or suit in equity to require the municipality and the governing body thereof to account as if they were the trustee of an express trust;

(3)  By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;

(4)  Bring suit upon the bonds.

2.  No right or remedy conferred by sections 91.620 to 91.770 upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by sections 91.620 to 91.770 or by any other law.

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(L. 1941 p. 493 § 12)

---- end of effective  28 Aug 1941 ----

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