Legal Opinion

Fairchild v. Masonic Hall Ass'n

Supreme Court of Missouri

Decided April 15, 1880PublishedCited by 8 opinions

Appeal from St. Louis Court of Appeals. On the 5th day of June, 1864, Mrs. Anne L. Hunt became the owner of 400 shares of stock in the Masonic Hall Association of the par value of $8000. On the 5th day of June, 1869, the association issued its bonds to the amount of $60,000. The plaintiff becamethe owner of some of these bonds, and on the 1st day of April, 1876, sued and shortly afterward obtained judgment against the association upon them.

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Appeal from St. Louis Court of Appeals. On the 5th day of June, 1864, Mrs. Anne L. Hunt became the owner of 400 shares of stock in the Masonic Hall Association of the par value of $8000. On the 5th day of June, 1869, the association issued its bonds to the amount of $60,000. The plaintiff becamethe owner of some of these bonds, and on the 1st day of April, 1876, sued and shortly afterward obtained judgment against the association upon them. Execution was duly issued on said judgment, and for want of property whereon to levy, was returned nulla Iona. Plaintiff thereupon filed a motion against…

1Opinion of the CourtNapton, J.

i. corporation: sion. The decision of the court of appeals in this case is based on the point, that the charter of the company, although containing the words •“ perpetual succession, was limited by the general statute which confined the duration of all corporations, where there was no limit in the charter, to twenty years, *530and as the suit against this corporation was brought after the expiration of the twenty years, the judgment against the corporation was a nullity, and, of course, execution against the stockholder could not issue upon a void judgment against the corporation.

That the wórd…

2Cases cited1 opinion

  1. State ex rel. St. Joseph & Iowa Rail Road v. County CourtSupreme Court of Missouri · 1873

3Cited by8 opinions

  1. Hatcher v. HallMissouri Court of Appeals · 1956
  2. State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
  3. State ex rel. Walker v. PayneSupreme Court of Missouri · 1895
  4. State ex rel. Clover v. Ladies of the Sacred HeartSupreme Court of Missouri · 1889
  5. Hicks v. JamisonMissouri Court of Appeals · 1881

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