Chouteau Insurance v. Holmes' Administrator
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. Saml. L. Sawyer, Judge. This was a suit to recover the amount due upon two ■assessments on a stock-note given by Nehemiah Holmes, ■deceased, to the plaintiff company. It appeared at the trial that the assessments were ordered at special meetings of the board of directors, that a quorum of the board was present at each meeting and that Holmes, in his life-time, had paid a portion of the first assessment, bufnopart of the •other.
Read the full summary
Appeal from, Jackson Circuit Court. — Hon. Saml. L. Sawyer, Judge. This was a suit to recover the amount due upon two ■assessments on a stock-note given by Nehemiah Holmes, ■deceased, to the plaintiff company. It appeared at the trial that the assessments were ordered at special meetings of the board of directors, that a quorum of the board was present at each meeting and that Holmes, in his life-time, had paid a portion of the first assessment, bufnopart of the •other. There was no evidence to show that notice of the meetings was given to the directoi’S. Plaintiff' had judgment and defendant…
1Opinion of the CourtHenry, J.
—It does not appear by express evidence that notices of the special meetings of the board of directors, .at which the assessments were made, were given to the directors, although it does appear that a quorum of the directors was present and made the assessments. Nor was any evidence introduced or offered to show, that notices weré not given. That all the directors must be notified of *602a special meeting of the board is conceded ; but the question for determination is, whether, if the meeting be held and a quorum be ■ present, it will be presumed, in the absence of evidence to the contrary, that…
2Cases cited4 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
- People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
- McDaniels v. Flower Brook Manufacturing Co.Supreme Court of Vermont · 1850
- Lane v. BrainerdSupreme Court of Connecticut · 1862
3Cited by9 opinions
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
- Bartlett v. McCallisterSupreme Court of Missouri · 1926
- Singer v. Salt Lake Copper Mn'f'g Co.Utah Supreme Court · 1898
- State Ex Rel. Ball v. State Board of HealthSupreme Court of Missouri · 1930
4 more not listed; retrieve them via the Exa API.