Legal Opinion

Railroad Gazette v. Wherry

Missouri Court of Appeals

Decided May 15, 1894PublishedCited by 4 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Wherry procured all the paraphernalia of a corporation, letter heads, envelopes, etc., with the name of the corporation printed thereon, and with such letter heads and envelopes carried on the correspondence with plaintiff by which the contract sued on was made in the name of the pseudo-corporation.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. Wherry procured all the paraphernalia of a corporation, letter heads, envelopes, etc., with the name of the corporation printed thereon, and with such letter heads and envelopes carried on the correspondence with plaintiff by which the contract sued on was made in the name of the pseudo-corporation. Meanwhile the certificate of incorporation was not filed in the recorder’s office, as required by law, and the corporation had no legal existence. It will not do for the defendants to say that they took no further action…

1Opinion of the CourtRombaueb, P. J.

This is an action to hold the defendants liable as partners for the cost of an advertisement by defendant Wherry in a newspaper owned by plaintiff in the city of New York. The defendants filed an answer denying the partnership under oath. Upon the trial of the cause before a jury the plaintiff recovered judgment against the defendants Wherry and *425Barnes, but judgment was rendered in favor of the defendants, Johnson and Cram, and the plaintiff appeals.

The respondent defendants are. sought to be held liable on the theory that they were the projectors of a a corporation, and contracted the bill…

2Cases cited4 opinions

  1. Hurt v. SalisburySupreme Court of Missouri · 1874
  2. Martin v. FewellSupreme Court of Missouri · 1883
  3. Richardson v. PittsSupreme Court of Missouri · 1879
  4. Granby Mining & Smelting Co. v. RichardsSupreme Court of Missouri · 1888

3Cited by4 opinions

  1. Stone v. GuthMissouri Court of Appeals · 1937
  2. A. W. Mendenhall Co. v. BooherMissouri Court of Appeals · 1932
  3. Farmers State Bank v. KuchsMissouri Court of Appeals · 1912
  4. Semco Color Press Co. v. Bonded Reserve Life Ins.Supreme Court of Oklahoma · 1932

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