Hope Mutual Fire Insurance v. Beckmann
Supreme Court of Missouri
Appeal from Sixth District Court. I. Tbe act of 1864 is a new charter, and no amendment to the act of 1857. Corporations are tbe creatures of tbe law; and, without any express declaration in the charter of 1864 that the same shall be an amendment to the act of 1857, no court has a right to presume so from the mere fact that the name of the corporation is the same. II.
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Appeal from Sixth District Court. I. Tbe act of 1864 is a new charter, and no amendment to the act of 1857. Corporations are tbe creatures of tbe law; and, without any express declaration in the charter of 1864 that the same shall be an amendment to the act of 1857, no court has a right to presume so from the mere fact that the name of the corporation is the same. II. The act of 3864 is not binding upon appellant, even if considered as an amendment, unless his express consent is proven, because it materially changes his rights and liabilities. Any essential change in the original plan and…
1Opinion of the CourtBliss, Judge
In 1857 the plaintiff was incorporated (Sess. Acts 1856-7, p. 564), and by the terms of the charter all who took out policies were to become members. Defendant was insured in 1859 and gave his premium note, upon which suit is now brought. But in the meantime, to-wit, in January, 1864 (Sess. Acts 1863-4, p. 347), a new charter is obtained, which does not purport in terms to be an amendment of the old one, but has precisely the same title and embodies most of its provisions, with the addition of certain new ones. It provides (§1) that “the present directors [naming them] of the Hope Mutual Eire…
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