Webb & Co. v. Midway Lumber Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Under the law of Kansas passed in 1868, said proceedings were all that was required to effect such change in the charter. Q-en.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Under the law of Kansas passed in 1868, said proceedings were all that was required to effect such change in the charter. Q-en. Stat. of Kan., 1889, par. 1169. But in 1886, the legislature of Kansas amended the law in that regard and provided that it could be done only by filing with the secretary of 'state an amended charter, subscribed by the directors and acknowledged by not less than three of them, which should be “recorded in the same manner and with like effect as now provided in cases of original charters.” Laws of…
1Opinion of the CourtEllison, J.
The defendant, Midway Lumber Company, a corporation, organized ■ under the laws of ■Kansas, in 1891 made an assignment for the benefit of its creditors. The plaintiff is a creditor of such corporation and attacks the validity of the assignment. The judgment below was for defendants.
statement. The charter of said corporation was duly filed with the secretary of state of the state of Kansas, as provided by the law of that state. At a meeting of the stockholders of such corporation, in 1892, the number of directors was ordered, by a resolution, to be reduced from six to three, and the secretary…
2Cases cited13 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Alberger v. National Bank of CommerceSupreme Court of Missouri · 1894
- Eppright v. NickersonSupreme Court of Missouri · 1883
- Franco-Texan Land Co. v. LaigleTexas Supreme Court · 1883
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3Cited by3 opinions
- Cassville Roller Milling Co. v. Aetna InsuranceMissouri Court of Appeals · 1904
- Heaton v. DicksonMissouri Court of Appeals · 1910
- DeField v. Harding Dredge Co.Missouri Court of Appeals · 1914