National Lead Co. v. S. E. Grote Paint Store Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. STATEMENT OP THE CASE BY THE COURT. On the third of February, 1894, the plaintiff, a New Jersey corporation, sued the defendant for $1,791.23, balance alleged to be due upon an itemized account for sales of white lead and oil. The petition contained a second count, praying for the same sum alleged to be due upon account stated.
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Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. STATEMENT OP THE CASE BY THE COURT. On the third of February, 1894, the plaintiff, a New Jersey corporation, sued the defendant for $1,791.23, balance alleged to be due upon an itemized account for sales of white lead and oil. The petition contained a second count, praying for the same sum alleged to be due upon account stated. The defense set up by the answer is, first, that the plaintiff is the corporate successor of an illegal combination formed by the stockholders of twelve corporations to establish a trust…
1Opinion of the Court
BOND, - J.
*265Collateral attack. *264Before passing on the legal effect of the evidence introduced in support of the answer, it is necessary to decide whether in this proceeding any evidence of the purposes of the incorporation of plaintiff dehors the statements contained in its constating articles was admissible. It is quite true as a general rule that questions affecting the right of .a corporation to enjoy its franchise — to be a corporation, or its legal entity as such, can only be raised in a direct proceeding to annul or forfeit the grant to which the state granting the charter is a party, for…
2Cases cited14 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- United States v. Joint Traffic Assn.Supreme Court of the United States · 1898
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Distilling & Cattle Feeding Co. v. People ex rel. MoloneyIllinois Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- State ex rel. Spillman v. Interstate Power Co.Nebraska Supreme Court · 1929
- Finck v. Schneider Granite Co.Supreme Court of Missouri · 1905
- Fiedler v. Bambrick Bros. ConstructionMissouri Court of Appeals · 1912
- O'Hern v. O'HernMissouri Court of Appeals · 1921
4 more not listed; retrieve them via the Exa API.