Sands v. G. W. Marquardt & Sons
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler_, Judge. (1) The plaintiff sued an Illinois corporation that was an entity — a person who could have no legal existence other than under the Illinois law. Plaintiff then substituted another and different corporation, to-wit: A corporation organized under the laws of Iowa. In the meantime the two years statute of limitations had run.
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Appeal from Sullivan Circuit Court. — Hon. John P. Butler_, Judge. (1) The plaintiff sued an Illinois corporation that was an entity — a person who could have no legal existence other than under the Illinois law. Plaintiff then substituted another and different corporation, to-wit: A corporation organized under the laws of Iowa. In the meantime the two years statute of limitations had run. Although the corporate name may be the same, still the place and law under which they are organized, must be looted to, to determine the particular person. Railroad v. McCall, 89 Ala. 375; Little v. Water…
1Opinion of the CourtJohnson, J.
— This action was brought on November 15, 1899/in the circuit court of Adair county. Afterwards, on plaintiff’s motion for change of venue, *493it was removed to Sullivan county where it was tried resulting in judgment for plaintiff in the sum of nineteen hundred dollars.
Plaintiff, by occupation a watchmaker and jeweler, was, according to the allegations of his petition, on the 7th day of December, 1897, in the service of B. L. Gates who at the time was engaged in the jewelry business at Sioux Falls, South Dakota. Prior to this employment, plaintiff had been working in a similar capacity for the…
2Cases cited4 opinions
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- State v. ArmstrongSupreme Court of Missouri · 1891
- Arnold v. JewettSupreme Court of Missouri · 1894
- John Stewart & Co. v. AndesMissouri Court of Appeals · 1905
3Cited by7 opinions
- Harrington v. Butte Miner Co.Montana Supreme Court · 1914
- Brunswick-Balke-Collender Co. v. KrausMissouri Court of Appeals · 1908
- Grimes v. ThorpMissouri Court of Appeals · 1905
- State v. SimpsonMissouri Court of Appeals · 1909
- Patton v. American Home Life Ins. Co.Court of Appeals of Texas · 1921
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