James v. Clough
Missouri Court of Appeals
Appeal from the Laclede County Circuit Court, R* W. Eyan, Special Judge. By that contract, the amount subscribed by the various persons became the property of the corporation, and the plaintiff had no interest in it, other than as a stockholder in the corporation ; hence, not the real party in interest, and can not maintain this action.
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Appeal from the Laclede County Circuit Court, R* W. Eyan, Special Judge. By that contract, the amount subscribed by the various persons became the property of the corporation, and the plaintiff had no interest in it, other than as a stockholder in the corporation ; hence, not the real party in interest, and can not maintain this action. Rev. Stat., sects. 3462, 3464, 3466 ; Hutchings to use v. Blackford, 35 Mo. 285 ; Williams v. Whitlock, 14 Mo.„ 553; Gable v. Clark, 21 Mo. 223 ; Ramey v. Smizer, 28 Mo. 310 ; Dewey v. Carey, 60 Mo. 224. It was the duty of the court to construe the agreement,…
1Opinion of the CourtRomjbauer, J.
Sundry citizens of Laclede county, and among their number the defendant, being desirous to have a woolen-mill erected in the town of Lebanon, in said county, upon the solicitation of the plaintiff, signed the following agreement:
“Whereas, we, the undersigned citizens of Laclede county, are desirous of having a woolen mill erected at Lebanon, Missouri, and Samuel James, signifying his purpose to build, and operate, one, therefore, and for the pur*149pose of aiding him in so doing, we agree .to pay the sum set opposite our respective names, to him, as an inducement. It being understood that the…
2Cases cited7 opinions
- Parker v. MarquisSupreme Court of Missouri · 1876
- Wright v. McPikeSupreme Court of Missouri · 1879
- Briggs v. EwartSupreme Court of Missouri · 1873
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- Pitt v. GentleSupreme Court of Missouri · 1871
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- Van Ravenswaay v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1901
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