Legal Opinion

Webb v. Rockefeller

Supreme Court of Missouri

Decided March 29, 1906PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The judgment of the court sustaining a general demurrer is erroneous if the facts stated in the petition authorize a recovery upon any theory. State ex rel. v. Edmondson, 71 Mo.

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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The judgment of the court sustaining a general demurrer is erroneous if the facts stated in the petition authorize a recovery upon any theory. State ex rel. v. Edmondson, 71 Mo. App. 172. (2) The Constitution and statutes of this State require the capital stock of a manufacturing corporation to be paid in money or money’s worth, and forbids the issuing of stock or bonds of a corporation “except for money paid, labor done or property actually received;” and provides that all fictitious issue of corporate stock shall be void.…

1Opinion of the CourtGantt, J.

— This suit was begun February 4, 1902, by the plaintiff filing a petition in the office of the clerk of the circuit court of Jackson county, at Kansas City. The defendants were duly served and filed their demurrer to the petition, which said demurrer was sustained on the 20th of June, 1903, and final judgment rendered in favor of the defendants on June 27, 1903.

The facts stated in the petition are summarized by the plaintiff as follows:

“First. That on the 27th day of November, 1899, the defendants, and Frank Siegel and William Askew, signed and filed in the office of the recorder of deeds…

2Cases cited7 opinions

  1. Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
  2. Utley v. HillSupreme Court of Missouri · 1900
  3. Hunnewell v. DuxburyMassachusetts Supreme Judicial Court · 1891
  4. Bradley v. PooleMassachusetts Supreme Judicial Court · 1867
  5. Steam Stone Cutter Co. v. ScottSupreme Court of Missouri · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McKee v. RuddSupreme Court of Missouri · 1909
  2. Alvin Fruit & Truck Ass'n v. HartmanMissouri Court of Appeals · 1909
  3. Texas N. O. R. Co. v. WebsterCourt of Appeals of Texas · 1932
  4. Scharbauer v. Lampasas CountyTexas Commission of Appeals · 1921
  5. Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912

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