State ex inf. Hadley v. Kirkwood Social Athletic Club
Missouri Court of Appeals
Original Proceeding by Quo Warranto. (1) The charter of this club, if not void on its face, is so nearly so that it must affirmatively prove that it is, in practice, fulfilling a benevolent, or a religious, or a scientific or an educational function. State ex rel. v. Lesueur, 99 Mo. 552; State v. Brawner, 15 Mo. App. 597; State ex rel. v. McGrath, 95 Mo. 183. (2) The club is operated for pecuniary profit.
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Original Proceeding by Quo Warranto. (1) The charter of this club, if not void on its face, is so nearly so that it must affirmatively prove that it is, in practice, fulfilling a benevolent, or a religious, or a scientific or an educational function. State ex rel. v. Lesueur, 99 Mo. 552; State v. Brawner, 15 Mo. App. 597; State ex rel. v. McGrath, 95 Mo. 183. (2) The club is operated for pecuniary profit. In re St. Louis Institute of Christian Science, 27 Mo'. App. 633; State v. Brawner, 15 Mo. App. 597. (3) The club sustains the burden of proving its bona fides, and also an actual…
1Opinion of the CourtBland, P. J.
As in the case of the State ex rel. v. Rosehill Pastime Athletic Club, this is a proceeding by information in the nature of a quo- warrantor filed by the attorney general, to oust the defendant as a corporation and to declare its charter forfeited. The case made by the State is even stronger and more convincing, that the club is used as a scheme for the evasion of the dram-shop act, than the case made against the Rosehill club. The evidence shows that the club succeeded one Jack Sturdy in the dramshop business, after Sturdy’s license as a dramshop keeper had expired, and continued to carry on…
2Cited by4 opinions
- State v. Business Men's ClubMissouri Court of Appeals · 1914
- State v. ZehnderMissouri Court of Appeals · 1914
- State Ex Inf. North Todd Gentry v. American Can Co.Supreme Court of Missouri · 1928
- State v. Business Men's ClubMissouri Court of Appeals · 1914