Ludowiski v. Polish Roman Catholic St. Stanislaus Kostka Benevolent Society
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The court erred in refusing instruction ££B” asked for by defendant, and in giving instruction number one, of its own*motion. Hassett v. .Rust, 64 Mo. 325; Glass v. Galvin, 80 Mo. 297; Evans v. Railroad, 16 Mo. App. 525. There was nothing to connect the society with the act of the president.
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Appeal from tlie St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The court erred in refusing instruction ££B” asked for by defendant, and in giving instruction number one, of its own*motion. Hassett v. .Rust, 64 Mo. 325; Glass v. Galvin, 80 Mo. 297; Evans v. Railroad, 16 Mo. App. 525. There was nothing to connect the society with the act of the president. Therefore, if there can be any action at all upon this account, our statute in express terms fixes the liability upon the officer individually. Rev. Stat., sec. 721. A corporation is. an artificial person, and can only act and speak…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace for the purpose of recovering damages from the defendant, alleged to be a corporation, for expelling the plaintiff from the society without the preferring of charges, without notice, and without a hearing; and for refusing to allow him to exercise his rights and privileges as a member of the same. The defendant filed a written answer which was a general denial.
I. By appearing and answering in its corporate 'character, the allegation of the plaintiff that the defendant was a corporation was admitted. Seaton v. Railroad, 55 Mo. 416;…
2Cases cited5 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Witthouse v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Barbaro v. Occidental Grove No. 16Missouri Court of Appeals · 1877
- Sappington v. Missouri Pacific RailroadMissouri Court of Appeals · 1883
3Cited by13 opinions
- Taboada v. Sociedad Espanola De Beneficencia MutuaCalifornia Supreme Court · 1923
- Lahiff v. Saint Joseph's Total Abstinence & Benevolent SocietySupreme Court of Connecticut · 1904
- Supreme Lodge of the World v. Los Angeles Lodge No. 386California Supreme Court · 1917
- Malmsted v. Minneapolis Aerie, No. 34Supreme Court of Minnesota · 1910
- Lysaght v. St. Louis Operative Stonemasons' Ass'nMissouri Court of Appeals · 1893
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