Garesché v. Lewis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. A mere abandonment of the corporate enterprise does not of itself work a dissolution of the corporation.— Kansas, etc., Go. v. Sauer, 65 Mo. -279 ; Hill v. Fogg, 41 Mo. 563 ; State BanTc v. Robidoux, 57 Mo. 446. A contingent demand is really no demand until the contingency happens, and that the two years statute begins to run only on the happening of the contingency. — Greenabaum v. Flliott, 60 Mo. 25, 32; Barton v.…
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Appeal from the St. Louis Circuit Court, Thayer, J. A mere abandonment of the corporate enterprise does not of itself work a dissolution of the corporation.— Kansas, etc., Go. v. Sauer, 65 Mo. -279 ; Hill v. Fogg, 41 Mo. 563 ; State BanTc v. Robidoux, 57 Mo. 446. A contingent demand is really no demand until the contingency happens, and that the two years statute begins to run only on the happening of the contingency. — Greenabaum v. Flliott, 60 Mo. 25, 32; Barton v. Rutherford, 49 Mo. 255. A stockholder’s liability is secondary and not primary. — McLaren v. Franciscus, 43 Mo. 452, 465 ;…
1Opinion of the CourtBake were, J.
The allegations of the petition are substantially as follows : —
Stone, a resident of St. Louis, died there, intestate, on the 20th of May, 1877. On the 2d of January, 1883, Lewis, public administrator, took charge of his estate. The Gravois Railroad Company was, on the 22d of December, 1859, incorporated by the State of Missouri. The Grand Avenue Railroad Company which was, on the 14th of February, 1874, a corporation organized under the laws of Missouri, on that date, issued certain first mortgage bonds, each for the sum of one thousand dollars, payable for value received to J. T. Howenstein…
2Cases cited8 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Burton v. RutherfordSupreme Court of Missouri · 1872
- Finney v. State ex rel. EstissSupreme Court of Missouri · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Darrah v. FosterSupreme Court of Missouri · 1962
- Stevens v. StevensSupreme Court of Missouri · 1903
- Elms Realty Co. v. WoodSupreme Court of Missouri · 1920
- Garesché v. LewisSupreme Court of Missouri · 1887
- Price v. McCauseMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.