Sedalia, Warsaw & Southern Railway Co. v. Wilkerson
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. It is well established, by a line of decisions almost uniform, that a subscription, such as is here in question, is enforcible at common law on the ground that it constituted a continuing offer or promise, although made before incorporation, to subscribe to the capital of the company when incorporated, and which, when accepted by the company after incorporation or organization, becomes a valid subscription,…
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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. It is well established, by a line of decisions almost uniform, that a subscription, such as is here in question, is enforcible at common law on the ground that it constituted a continuing offer or promise, although made before incorporation, to subscribe to the capital of the company when incorporated, and which, when accepted by the company after incorporation or organization, becomes a valid subscription, and'enforcible as such. Buffalo & N. Y. City R. R. Co. v. Dudley, 14 N. Y. 336 ; Ren. & Wash. Plank R’d Co. v. Barton, 16 N.…
1Opinion of the Court
Martin, C.
This is an action to enforce an alleged •subscriptibrf to the capital stock of plaintiff. The demand was first presented in the probate court for allowance against the estate of the subscriber; and was taken thence by appeal to the circuit court. The principal facts in the case are set forth in the following agreed statement:
It is hereby stipulated and agreed by and between the parties hereto, that upon the trial of this case the following facts shall stand admitted, viz:
1. That the plaintiff is a railroad corporation, created and existing under the general railroad incorporation…
2Cases cited10 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
- Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1854
- Johnston v. Ewing Female UniversityIllinois Supreme Court · 1864
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- De Giverville Land Co. v. ThompsonMissouri Court of Appeals · 1915
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