Ecker v. Chicago, Burlington, & Quincy Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The lease in question was void for want of a grantee or lessee. — Chase v. Palmer, 29 111. 398; Douthitt v. Stinson, 63 Mo. 268 ; Wag.
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Appeal from the St. Louis Circuit Court. The lease in question was void for want of a grantee or lessee. — Chase v. Palmer, 29 111. 398; Douthitt v. Stinson, 63 Mo. 268 ; Wag. Stats. 879, sect. 13. Contracts of a corporation should be attested by the corporate seal. — Perry v. Price, 1 Mo. *664. No assignment of the lease as pleaded was shown. — Greenl. on Ev., sect. 239 ; 3 Ph. on Ev. 466 ; Pied v. Stephens, 120 Mass. 209 ; Dougherty v. Matthews, 35 Mo. 520. Where a name is assumed which implies a corporate body, a contract made iii that name will bind the parties making it. -— Barburo v.…
1Opinion of the CourtBakewell, J.
This is an action by plaintiff as assignee of the lessor, against defendant as assignee of the lessee, for rent for four months and a half of the term, at the rate reserved in the lease. There was a verdict and judgment for plaintiff for the amount claimed with interest, and defendant appeals.
The facts are undisputed, and are as follows : —
The Rockford, Rock Island, and St. Louis Railroad Company, a corporation, operated a road between the points from which it takes its name, until February, 1874, when the property of the road was placed in the hands of a receiver. On December 9, 1875, the…
2Cases cited1 opinion
- Boyce v. BakewellSupreme Court of Missouri · 1866
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