McCoy v. Farmer
Supreme Court of Missouri
Error to Gass Circuit Gourt.—Hon. E. P. Wright, Judge. Defendant’s motion to dismiss the suit referred to in the opinion of the court, assigned the following grounds, viz : 1st. That plaintiff’s charter expired by limitation on the 22nd day of February, 1873, and plaintiff cannot now further prosecute iu said action. 2nd. That by reason of the expiration of plaintiff’s charter plaintiff has no existence and cannot maintain the action. 3rd.
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Error to Gass Circuit Gourt.—Hon. E. P. Wright, Judge. Defendant’s motion to dismiss the suit referred to in the opinion of the court, assigned the following grounds, viz : 1st. That plaintiff’s charter expired by limitation on the 22nd day of February, 1873, and plaintiff cannot now further prosecute iu said action. 2nd. That by reason of the expiration of plaintiff’s charter plaintiff has no existence and cannot maintain the action. 3rd. That upon the dissolution of plaintiff as a corporation, by reason of the expiration of its charter, the demand sued upon became extinct. I. TJpon the…
1Opinion of the CourtNorton, J.
This suit was brought in the Circuit Court of Cass county by the Independence Eire and Marine Mutual Insurance Company on a note executed to it by defendants, due four months after date, and dated January 1st, 1861, for $96.73-100. This suit was instituted on the first day of May, 1871. The defendants appeared to the action, and filed their answer, subsequently to which time, *247in November, 1878, the charter of the said company, by the terms of the act creating it, expired, at which time the present plaintiffs filed their petition in said court, praying that the suit be revived, and that they,…
2Cases cited5 opinions
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
- Brady v. ConnellySupreme Court of Missouri · 1873
- Curtis v. CurtisSupreme Court of Missouri · 1873
- Acock v. AcockSupreme Court of Missouri · 1874
- Turk v. StahlSupreme Court of Missouri · 1873
3Cited by15 opinions
- Morrill v. Wabash, St. Louis & Pacific RailwaySupreme Court of Missouri · 1888
- Bevin v. PowellMissouri Court of Appeals · 1881
- Nudelman v. Thimbles, Inc.Missouri Court of Appeals · 1931
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Meramec Spring Park Co. v. GibsonSupreme Court of Missouri · 1916
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