Legal Opinion

F. Hattersley Brokerage & Commission Co. v. Humes

Missouri Court of Appeals

Decided January 4, 1916PublishedCited by 3 opinions

Appeal from St. Loliis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The corporate existence of the Humes Flour Company is established under the statutes 'of this State, by the showing that the articles of association were filed in the office of the Secretary of State and the certificate of incorporation issued by that officer; and this being true, its corporate character cannot be thereafter attached collaterally or by any one except the state itself.

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Appeal from St. Loliis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The corporate existence of the Humes Flour Company is established under the statutes 'of this State, by the showing that the articles of association were filed in the office of the Secretary of State and the certificate of incorporation issued by that officer; and this being true, its corporate character cannot be thereafter attached collaterally or by any one except the state itself. Sec. 2975, R. S. 1909; Boatmen’s Bank v. Gillispie, 209 Mo. 217; First National Bank y. Rockefeller, 195 Mo. 15; Furniture Co. v.…

1Opinion of the CourtNoetoni, J.

This is a suit on an account for flour sold and delivered. Plaintiff recovered and defendant prosecutes the appeal.

Plaintiff is a corporation engaged in the brokerage business and defendant is executrix of the estate of her late husband, F. W. Humes. Defendant’s husband was president of the Humes Flour Company, a corporation, for several years before the date of his death, and purchased the flour from plaintiff. Plaintiff insists that it did not know the Plumes Flour Company was incorporated and dealt with Humes wholly on his personal credit, while defendant insists the estate of her deceased…

2Cases cited15 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
  3. Rice v. WaddillSupreme Court of Missouri · 1902
  4. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  5. Tomlinson v. EllisonSupreme Court of Missouri · 1891

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3Cited by3 opinions

  1. Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
  2. Deacon v. BryansCalifornia Supreme Court · 1931
  3. Billingsley v. GulickMichigan Supreme Court · 1932

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