Legal Opinion

Grafeman Dairy Co. v. Northwestern Bank

Supreme Court of Missouri

Decided November 30, 1921PublishedCited by 29 opinions

Appeal from St. Louis City Circuit Court. — Hon. Victor H. Falkenhainer, Judge. (1) A mortgage by a corporation must be authorized by its board of directors. Fletcher’s Cyc. Corp., sec. 1299, p. 2274; Union National Bank v. State Nat. Bank, 155 Mo. 95; Leggett v. New Jersey Mfg. & Banking Co., 1 N. J. Eq. 541; Gashwiler v. Willis, 33 Cal. 11, 20; State ex rel. Grimm v. Manhattan Rubber Co., 149 Mo. 181; McKeag v. Collins, 87 Mó. 164; State ex rel.

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Appeal from St. Louis City Circuit Court. — Hon. Victor H. Falkenhainer, Judge. (1) A mortgage by a corporation must be authorized by its board of directors. Fletcher’s Cyc. Corp., sec. 1299, p. 2274; Union National Bank v. State Nat. Bank, 155 Mo. 95; Leggett v. New Jersey Mfg. & Banking Co., 1 N. J. Eq. 541; Gashwiler v. Willis, 33 Cal. 11, 20; State ex rel. Grimm v. Manhattan Rubber Co., 149 Mo. 181; McKeag v. Collins, 87 Mó. 164; State ex rel. Schroeder v. Perkins, 90 Mo. App. 603; Frederick v. Lettney, 214 Mass. 46; El Fresnal Irrigating. Land Co. v. Bank of Washington, 182 S. W. (Tex.…

1Opinion of the Court

This suit was instituted in the Circuit Court for the City of St. Louis on October 1, 1918. Its general purpose was to cancel and set aside certain promissory notes purporting to be executed by the plaintiff corporation to one Oonk, a teller of the defendant bank, on April 19, 1917, as collateral security for alleged indebtedness of plaintiff to said bank of an equal amount; and also to set aside and cancel a deed of trust to one Schulte, as trustee, to secure the payment of said notes. These notes consisted of a principal note for the sum of $50,000 and for semi-annual interest notes for the…

2Cases cited40 opinions

  1. Noble v. BlountSupreme Court of Missouri · 1883
  2. Blodgett v. PerrySupreme Court of Missouri · 1888
  3. Taylor v. ZeppSupreme Court of Missouri · 1851
  4. Bales v. PerrySupreme Court of Missouri · 1873
  5. Acton v. DooleySupreme Court of Missouri · 1881

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3Cited by29 opinions

  1. State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
  2. Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
  3. Sutorius v. MayorSupreme Court of Missouri · 1943
  4. Saigh v. CommissionerUnited States Tax Court · 1961
  5. State Ex Rel. Consolidated School District No. 2 of Pike County v. HaidSupreme Court of Missouri · 1931

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