Legal Opinion

Musser v. Johnson

Supreme Court of Missouri

Decided October 15, 1867PublishedCited by 28 opinions

Error to Circuit Court of St. Louis County. I. Tbe assignment of tbe claim of tbe North Missouri Railroad for $2,400, paid to Abell, Cunningham, Johnson, et ah, is sufficient as tbe deed of the corporation. (31 Mo. 193 ; 1 Am. Lead. Cas. 453 ; 5 Wheat. 336.) H. The use of the word “we” in the assignment shows that the words “President of the North Missouri Railroad Company,” attached to his name, are not a description of the person of Isaac H. Sturgeon.

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Error to Circuit Court of St. Louis County. I. Tbe assignment of tbe claim of tbe North Missouri Railroad for $2,400, paid to Abell, Cunningham, Johnson, et ah, is sufficient as tbe deed of the corporation. (31 Mo. 193 ; 1 Am. Lead. Cas. 453 ; 5 Wheat. 336.) H. The use of the word “we” in the assignment shows that the words “President of the North Missouri Railroad Company,” attached to his name, are not a description of the person of Isaac H. Sturgeon. (Ang. & Ames on Corp. 159, 2d ed). DI. The assignment was good as a parol contract. (Gen. Stat. 1865, § 6, p. 327; 1 Ad. & El. 600.) It will…

1Opinion of the CourtWagner, Judge

The petition -in this cause set forth that the North Missouri Railroad Company, having agreed to purchase all the assets of the Chariton and Randolph Railroad Company, and being thereto authorized by an act of the General Assembly of Missouri, agreed to pay as a consideration therefor so much of the debts of the said Chariton and Randolph Railroad Company as would not exceed the sum of $25,000, and appointed, in concert with said Chariton and Randolph Railroad Company, a committee, of which Johnson, the defendant, was one, to audit the demands of the creditors of the said Chariton and…

2Cases cited2 opinions

  1. Smith v. AlexanderSupreme Court of Missouri · 1860
  2. Shuetze v. BaileySupreme Court of Missouri · 1867

3Cited by28 opinions

  1. Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
  2. Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
  3. Small v. FieldSupreme Court of Missouri · 1890
  4. Gorder v. Plattsmouth Canning Co.Nebraska Supreme Court · 1893
  5. McClellan v. ReynoldsSupreme Court of Missouri · 1872

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