Roll v. St. Louis & Colorado Smelting & Mining Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Underthe J.aw of Illinois the defendant comp any had no corporate existence, and was not authorized to proceed to the transaction of any business, until its certificate of incorporation was recorded in the office of the recorder of deeds of St. Clair county, its principal office being located in that county.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Underthe J.aw of Illinois the defendant comp any had no corporate existence, and was not authorized to proceed to the transaction of any business, until its certificate of incorporation was recorded in the office of the recorder of deeds of St. Clair county, its principal office being located in that county. Act approved April 18, 1872, sec. 4. (2) The failure to record the certificate is not a mere irregularity; it is a vital defect, and there was no authority to do business until the certificate was recorded.…
1Opinion of the CourtRombauer, P. J.
This is a suit in equity having for its object to compel the defendant corporation either to issue to the plaintiff new certificates for twenty thousand shares of its capital stock in lieu of certificates for the same amount issued originally to one J. M. Thomas, and assigned by Thomas to the plaintiff, or, in case that should be found impracticable, to pay him the value thereof, which the petition states to be *63$20,000. The petition does not state in terms that plaintiff ever paid any value for such certificates, or that the corporation ever received any value therefor, but does state that…
2Cases cited7 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Hurt v. SalisburySupreme Court of Missouri · 1874
- Meyer v. McCabeSupreme Court of Missouri · 1880
- Richardson v. PittsSupreme Court of Missouri · 1879
- Granby Mining & Smelting Co. v. RichardsSupreme Court of Missouri · 1888
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3Cited by11 opinions
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