N. K. Fairbank Co. v. American Bonding & Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. (1) The larceny or embezzlement of $858.19 is, under our statute, a felony. R. S. 1899, secs. 1914,1899. (2) Corporations can not, in the very nature of things, be guilty of a felony. Clark & Marshall on Priv. Corp., p. 656, and eases cited; Cook on Corp., sec. 15d; 7 Am. and Eng.
Read the full summary
Appeal from St. Louis City Circuit Court. — How. D. D. Fisher, Judge. (1) The larceny or embezzlement of $858.19 is, under our statute, a felony. R. S. 1899, secs. 1914,1899. (2) Corporations can not, in the very nature of things, be guilty of a felony. Clark & Marshall on Priv. Corp., p. 656, and eases cited; Cook on Corp., sec. 15d; 7 Am. and Eng. Ency. of Law (2 Ed.), p. 844;fState v. Railroad, 23 Ind. 362; State v. Milling Co., 20 Me. 4Í; Power Co. v. Bethel Co., 64 Me. 441; Commonwealth v. Swift Run Co., 2 Ya. Cas. 362. (3) . Our statutes defining larceny and embezzlement include only…
1Opinion of the CourtGoode, J.
— The N. K. Fairbank Company made a contract with a corporation in the city of St. Louis, known as the James Hogan Printing Company, whereby the company last named agreed to print certain wrappers for the Fairbank company at stipulated prices, the Fairbank company to furnish the necessary stock of paper and the plates. This agreement was made by a written offer submitted by the Hogan Printing • Company to the Fairbank Company on the fourth day of' May, 1899, and accepted on the twenty-third of that month. Before the respondent would accept •the printing company’s offer, respondent exacted a…
Also in this document: Concurrence.
2Cases cited3 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- Harburg v. KumpfSupreme Court of Missouri · 1899
3Cited by5 opinions
- State ex rel. Pulliam v. FortMissouri Court of Appeals · 1904
- New York Life Insurance v. McDearmonMissouri Court of Appeals · 1908
- Farmers State Bank v. Title, Guaranty & Trust Co.Missouri Court of Appeals · 1908
- Jackson Exchange Bank v. RussellMissouri Court of Appeals · 1914
- Chicago Crayon Co. v. McNamaraMissouri Court of Appeals · 1909