Boley v. Sonora Development Co.
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The defendant’s demurrer to the petition should have been overruled. Goodland v. Bank, 74 Mo. App. 372; Lysaght v. Association, 55 Mo. App. 538; North Hampton County’s Appeal, 6 Casey 305. (2) Only the existing creditors of an insolvent corporation could take advantage of such a contract.
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Error to Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The defendant’s demurrer to the petition should have been overruled. Goodland v. Bank, 74 Mo. App. 372; Lysaght v. Association, 55 Mo. App. 538; North Hampton County’s Appeal, 6 Casey 305. (2) Only the existing creditors of an insolvent corporation could take advantage of such a contract. Shields v.' Hobart, 172 M'o. 514; Tube Works v. Machine Co., 118 Mo. 365; Hall v. Goodnight, 138 Mo. 576. (1) The contract set up in the petition is illegal, null and void and cannot be made the basis of an action against the corporation. St.…
1Opinion of the CourtEllison, J.
The plaintiff’s action is for five hundred dollars. There was a demurrer to the petition on the ground that it did not state a cause of action. The trial court sustained the demurrer. The plaintiff refused to plead further and appealed. The petition alleged: “That on or about the fifteenth day of November, 1902, the said defendant received from this plaintiff the sum of five hundred dollars ($500.00) in payment for purchase by .plaintiff of defendant of one thousand (1,000) shares of stock of the defendant, which said shares of stock were evidenced by certificate numbered 369, issued by said…
2Cases cited5 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Shields v. HobartSupreme Court of Missouri · 1903
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Chouteau Insurance v. FloydSupreme Court of Missouri · 1881
- St. Louis Rawhide Co. v. HillMissouri Court of Appeals · 1897
3Cited by10 opinions
- Wilson v. Torchon Lace & Mercantile Co.Missouri Court of Appeals · 1912
- Olsen v. Northern Steamship Co.Washington Supreme Court · 1912
- Knight v. Kansas CityMissouri Court of Appeals · 1909
- Shawhan v. Shawhan Distilling Co.Missouri Court of Appeals · 1916
- Sarbach v. Kansas Fiscal Agency Co.Supreme Court of Kansas · 1912
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