Legal Opinion

Cleaton v. Emery

Missouri Court of Appeals

Decided April 25, 1892PublishedCited by 12 opinions

Appeal from the Buchancm Circuit Cou/rt. — Hon. Henry M. Ramey, Judge. (1) Tlie attempt to incorporate in Colorado was •a fraud' on the laws of the state of Missouri and on the laws of the state of Colorado. Sill v. Beach, 12 N. J. Eq. 31; Land Grant Co. v. Coffey Co., 6 Kan. 245; ■Stout v. ZuUck, 7 Atl. Rep. (N. J.) 362; Bankv. Sarle, 13 Pet. 520; Mills v. Grocery Go., 15 S. W. Rep.

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Appeal from the Buchancm Circuit Cou/rt. — Hon. Henry M. Ramey, Judge. (1) Tlie attempt to incorporate in Colorado was •a fraud' on the laws of the state of Missouri and on the laws of the state of Colorado. Sill v. Beach, 12 N. J. Eq. 31; Land Grant Co. v. Coffey Co., 6 Kan. 245; ■Stout v. ZuUck, 7 Atl. Rep. (N. J.) 362; Bankv. Sarle, 13 Pet. 520; Mills v. Grocery Go., 15 S. W. Rep. (Tex.) 505; 2 Morawetz on Private Corporations [2 Ed.] 924; Beach on Private Corporations, 296, 297; 2 Morawetz on Private Corporations [2 Ed.] 917. (2) Defendants having contracted the debt sued on, while…

1Opinion of the CourtGill, J.

In the year 1889, the defendants, who compose some of the principal business men of St. Joseph, Missouri, conceived the idea of holding at said city a mammoth fair and 'exposition. To this end books were opened, but they were only able to secure subscriptions to the enterprise aggregating $43,000. .In order, doubtless, to impress the country with the magnitude of the proposed undertaking, it was determined to organize a corporation with a stated capital of $1,000,000. But under the corporation laws of Missouri this could not be done with such a meager subscription of only $43,000, since by…

2Cases cited7 opinions

  1. Merrick v. . Van SantvoordNew York Court of Appeals · 1866
  2. Land Grant Railway & Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1870
  3. Hurt v. SalisburySupreme Court of Missouri · 1874
  4. Martin v. FewellSupreme Court of Missouri · 1883
  5. Granby Mining & Smelting Co. v. RichardsSupreme Court of Missouri · 1888

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3Cited by12 opinions

  1. Booth v. ScottSupreme Court of Missouri · 1918
  2. First National Bank v. RockefellerSupreme Court of Missouri · 1906
  3. Cumberland Telegraph & Telephone Co. v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1903
  4. Davidson v. HobsonMissouri Court of Appeals · 1894
  5. State ex rel. Brown Contracting & Building Co. v. CookSupreme Court of Missouri · 1904

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