Central Plank Road Co. v. Clemens
Supreme Court of Missouri
Jlppeal from St. Louis Law Commissioner’s Court. This was a civil action to recover instalments assessed on stock, subscribed by Clemens.
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Jlppeal from St. Louis Law Commissioner’s Court. This was a civil action to recover instalments assessed on stock, subscribed by Clemens. The petition alleges that the plaintiff is a corporation, duly organized under the act of February 27th, 1851. It also alleges that the defendant and others entered into and subscribed articles of association, for the purpose of owning and building a plank road in St. Louis county, &c., &c., a copy of which articles is made an exhibit in the cause. It also alleges that, after there had been more than enough stock subscribed to amount to the sum of one…
1Opinion of the CourtGamble, Judge
The judgment below having been rendered upon the petition and answer, upon the motion of the plaintiff, the'only ques*363tion to be determined is, whether the original or amended answer sufficiently denied any material allegation o£ the petition, to require its proof by the plaintiff, or alleged any fact as. a defence which would bar the plaintiff’s right of recovery.
The act of the 27th of February, 1851, “ allows persons to form themselves into a corporation for the purpose of constructing a plank road, by complying with the requirements of the act.” In order to create the corporation, articles…
2Cases cited1 opinion
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