Glidden-Felt Manufacturing Co. v. Robinson
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) The corporate existence of both the G-liddenFelt Manufacturing Company and Francis T. Simmons & Co., was squarely put in issue by defendant’s second amended answer upon which the cause was tried, which answer was duly verified by affidavit; therefore it was essential that plaintiff should “prove the fact of such incorporation” in order to escape the deadly effect of the demurrers.
Read the full summary
Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) The corporate existence of both the G-liddenFelt Manufacturing Company and Francis T. Simmons & Co., was squarely put in issue by defendant’s second amended answer upon which the cause was tried, which answer was duly verified by affidavit; therefore it was essential that plaintiff should “prove the fact of such incorporation” in order to escape the deadly effect of the demurrers. R. S. 1909, sec. 1985; White v. Lodge, 301 Mo. App. 682. (2) Defendant’s second amended answer set np that the proceeding to revive was not begun…
1Opinion of the CourtReynolds, P. J.
On the 10'th of December, 1897, the Glidden-Felt Manufacturing Company, a corporation, recovered a judgment in the circuit court of Pike county, this state, against Charles L. Robinson, James D. Kincaid, C. Jeter Robinson and Warren G. Robinson, in the sum of $782, on account of two promissory notes. One Daniel Pendergast appears to have been a codefendant, but it is recited in the judgment that the cause had been dismissed as to him. Afterwards, on the 3d of December, 1907, the plaintiff, Glidden-Felt Manufacturing Company, filed a petition in that court in which it prayed for the issue of a…
2Cases cited5 opinions
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Bick v. VaughnMissouri Court of Appeals · 1909
- Armstrong v. CrooksMissouri Court of Appeals · 1900
- S. J. Long & Son v. ThormondMissouri Court of Appeals · 1900
- Watkins v. StateSupreme Court of Missouri · 1842
3Cited by2 opinions
- Reyburn v. HandlanMissouri Court of Appeals · 1912
- Bisbee v. KnightSupreme Judicial Court of Maine · 1942