Farmers & Merchants Insurance ex rel. Benneson v. Needles
Supreme Court of Missouri
Error to Atchison Circuit Court. Defendant could not deny the legal existence of plaintiff as a corporation. (O. & M. R. R. Co. vs. McPherson, 35 Mo., 13; Jones vs. Cincinnati Type F. Co., 14 Ind., 89; Hubbard vs. Chappell, 14 Ind., 601.)
1Opinion of the CourtEwing, Judge
This is an action on a promissory note alleged to have been executed by defendant to plaintiff. An amended petition was filed which alleges substantially that the Insurance Company is a corporation duly incorporated under the laws of the State of Illinois, with power to sue and be sued, &c.; that "W. H. Benneson was duly appointed receiver by the Circuit Court of Adams county in the State of Illinois, of all the rights, property and assets of the plaintiff in 1869, and gave bond which was duly approved, &c. That as such receiver he is in possession of the property and effects of said…
2Cases cited2 opinions
- Jones v. Cincinnati Type Foundry Co.Indiana Supreme Court · 1860
- Ohio & Mississippi Railroad v. McPhersonSupreme Court of Missouri · 1864
3Cited by25 opinions
- Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890
- Chandler v. The Willamette ValleyDistrict Court, N.D. California · 1896
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
- Stoutimore v. ClarkSupreme Court of Missouri · 1879
- Schneider v. Best Truck Lines, Inc.Missouri Court of Appeals · 1971
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