Birdsall v. Coon
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon, D. E. Blair, Judge. (1) Before admitting the contracts and assignments bf the St. Dunstan’s Society in evidence, plaintiff should have been required to prove the corporate existence of said society and also to establish by competent evidence the authority cf the officers of said corporation to execute and deliver the contracts so assigned. E. S. 1899, sec. 746; Hyde v. Larkin, 35 Mo.
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Appeal from Jasper Circuit Court. — Eon, D. E. Blair, Judge. (1) Before admitting the contracts and assignments bf the St. Dunstan’s Society in evidence, plaintiff should have been required to prove the corporate existence of said society and also to establish by competent evidence the authority cf the officers of said corporation to execute and deliver the contracts so assigned. E. S. 1899, sec. 746; Hyde v. Larkin, 35 Mo. App. 365; Hutchinson v. Green, 91 Mo. 367; Calumet Paper Co. v. Haskell Co., 144 Mo. 331; Ferguson v. Trans. Co., 79 Mo. App. 352; Dignan v. Throughman, 88 Mo. App. 62.…
1Opinion of the CourtGray, J.
— This suit was instituted to recover from defendant sums claimed to be due plaintiff on a book deal. The petition is in two counts. . The first on a contract made by defendant with plaintiff for the purchase of books, amounting to eighty-five dollars to be paid for at five dollars per month. The cause was tried before a jury, and defendant was allowed the full amount claimed for the defective books* and as no appeal was taken by plaintiff, it will not be necessary to make further mention of the first count.
The second count is on a contract alleged to have been made between defendant and St.…
2Cases cited16 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- George v. TateSupreme Court of the United States · 1881
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
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3Cited by8 opinions
- Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
- Wahl v. CunninghamSupreme Court of Missouri · 1928
- Ely v. SuttonMissouri Court of Appeals · 1913
- McConnon Company v. KuhlmannMissouri Court of Appeals · 1926
- Erickson Refrigerated Transport, Inc. v. Canal Insurance Co.Missouri Court of Appeals · 1971
3 more not listed; retrieve them via the Exa API.