Moore v. Whitcomb
Supreme Court of Missouri
Error to Mississippi Circuit Court. I. By section 19, p. 329, Gen. Stat. 1865, it is expressly provided that on the dissolution of a corporation the officers of it are trustees for the purpose of administering its assets. If there is only one surviving officer, he, of course, is sole trustee for these purposes. II. There can be no question that the corporation was dissolved at the time this proceeding was instituted.
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Error to Mississippi Circuit Court. I. By section 19, p. 329, Gen. Stat. 1865, it is expressly provided that on the dissolution of a corporation the officers of it are trustees for the purpose of administering its assets. If there is only one surviving officer, he, of course, is sole trustee for these purposes. II. There can be no question that the corporation was dissolved at the time this proceeding was instituted. The petition states expressly that the corporation was dissolved on the 1st of October, 1861, and the question of such dissolution is completely covered by the confession made by…
1Opinion of the Court
CuRRiER, Judge,
delivered tbe opinion of tbe court.
This action was commenced by tbe plaintiffs, as creditors of tbe Cairo & Fulton Railroad Company, against the defendant, as tbe sole remaining officer of the company competent to act as a trustee under tbe statute in relation to dissolved corporations. (Gren. Stat. 1865, p.-329, § 19 ; R. C. 1855, p. 375, § 19.) Tbe petition is demurred to, and the questions presented for consideration arise upon tbe action of the court in sustaining the demurrer. It is conceded that this proceeding cannot be sustained unless it is shown that tbe corporation…
2Cases cited1 opinion
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
3Cited by18 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- Chouteau v. AllenSupreme Court of Missouri · 1879
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1873
- Washington Savings Bank v. Butchers & Drovers' BankSupreme Court of Missouri · 1891
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
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