Farmers Bank v. Gallaher
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement of the. case by the court. The plaintiff is a corporation organized under the laws of. the state of Indiana.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. Statement of the. case by the court. The plaintiff is a corporation organized under the laws of. the state of Indiana. On the eighteenth day of September, 1889, it filed a petition against the defendant in the circuit court of Johnson county, alleging that on the--day of August, 1886, the defendant, together with one O. L. Garrison and one W. T. Robertson, organized a corporation known as the Montserrat Terra Cotta Company, under the statute in regard to manufacturing and business companies, with a capital stock of $25,000,…
1Opinion of the CourtGill, J.
“If any company formed under this chapter dissolve, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the company in such suit,” etc. R. S. 1879, sec. 745. This statute is intended to authorize such, actions as the one here prosecuted by this plaintiff, and this suit is clearly brought; under this statute. It is not a suit in equity, but an action at law authorized by the terms of an act of the legislature. McGinnis v. Barnes, 23 Mo. App. 413; Chouteau v. Dean, 7 Mo. App. 210.
There is, too, no…
2Cases cited5 opinions
- Gill v. BalisSupreme Court of Missouri · 1880
- Chouteau, Harrison & Valle v. DeanMissouri Court of Appeals · 1879
- Clark v. EdgarSupreme Court of Missouri · 1884
- Kehlor v. LademannMissouri Court of Appeals · 1882
- McGinnis v. BarnesMissouri Court of Appeals · 1886
3Cited by6 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Elliott v. SullivanMissouri Court of Appeals · 1911
- Shepard v. DrakeMissouri Court of Appeals · 1895
- Bank of Atchison County v. ShackelfordMissouri Court of Appeals · 1896
- Brookline Canning & Packing Co. v. EvansMissouri Court of Appeals · 1912
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