Denison-Gholson Dry Goods Co. v. Simmons
Missouri Court of Appeals
Appeal from the Stoddard County Circuit Court. — Hon. W. 8. G. Walker, Judge. Because respondent is a foreign corporation, and there being no evidence that he had complied with the laws of this State, it was unable to institute or maintain this action.
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Appeal from the Stoddard County Circuit Court. — Hon. W. 8. G. Walker, Judge. Because respondent is a foreign corporation, and there being no evidence that he had complied with the laws of this State, it was unable to institute or maintain this action. R. S. 1909, sec. 3040; Amalgamated etc., ■ Co., v. Mining Co., 221 Mo. 7. (1) The burden was on appellant to prove that respondent was a foreign corporation and that it was incapacitated to maintain a civil action at law in this State, because the presumption is that it had complied with the law in that respect. United Shoe Machine Co. v.…
1Opinion of the CourtBbadley, J.
This cause originated n a justice of the peace court. Plaintiff sued on a note of $100 dated April 1, 1915. The defense was payment. . The defendant lost in the justice court and appealed to the circuit court where on trial before the court and a jury verdict and judgment ágain went for plaintiff, and defendant appealed. Defendant challenges the sufficiency of the evidence to support the verdict, and also-assigns as error the refusal of the trial court to permit him to prove on motion for new trial that at the time of the institution of the suit, and at the time of the trial, plaintiff was a…
Also in this document: Concurrence.
2Cases cited4 opinions
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Palmer v. WelchMissouri Court of Appeals · 1913
- Ernest Wolff Manufacturing Co. v. Battreal Shoe Co.Missouri Court of Appeals · 1915
- Aldridge v. Missouri Pacific RailroadMissouri Court of Appeals · 1923