Legal Opinion

Newland Hotel Co. v. Wright

Missouri Court of Appeals

Decided January 10, 1898PublishedCited by 3 opinions

Appeal from the Jasper Circuit Court. — HoN. Jos. D. PerkiNS, Judge. (1) Parol evidence was admissible to show the contract that Wright made with reference to the manner in which his subscription should be paid. Browne on Parol Evidence, p. 126; Laws of 1891, p. 77, sec. 2769; Greenl. Ev., sec. 284a; College v. Robertson, 67 Mo. App. 329; Johnson v. University, 41 Ohio St. 527; Roberts v. Moudy, 29 Mo. App. 26; College v. Tuttle, 33 N. W. Rep.

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Appeal from the Jasper Circuit Court. — HoN. Jos. D. PerkiNS, Judge. (1) Parol evidence was admissible to show the contract that Wright made with reference to the manner in which his subscription should be paid. Browne on Parol Evidence, p. 126; Laws of 1891, p. 77, sec. 2769; Greenl. Ev., sec. 284a; College v. Robertson, 67 Mo. App. 329; Johnson v. University, 41 Ohio St. 527; Roberts v. Moudy, 29 Mo. App. 26; College v. Tuttle, 33 N. W. Rep. (Iowa) 174; Schuler v. Myton, 48 Kan. 282. (2) Wright did not sign the articles of agreement, and the fact that he signed the subscription list does…

1Opinion of the Court

0-ILL, J.

In February, 1896, the defendant and fifty-two other citizens of Webb City, Missouri, signed an agreement in writing whereby each promised to pay the amount set opposite his name "for the purpose," as stated, "of forming a stock company with a capital of $5,000 to furnish and open The Newland Hotel." Opposite defendant's signature appeared $200. The full sum of $5,000 was subscribed and in March, 1896, the said Newland Hotel (Jompany was duly incorporated, the articles of associa-tioi~ fixing the number of shares at one hundred and at the par value of $50 a share.

Under this…

2Cases cited6 opinions

  1. Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
  2. International Fair & Exposition Ass'n v. WalkerMichigan Supreme Court · 1890
  3. Haskell v. SellsMissouri Court of Appeals · 1883
  4. Ollesheimer v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891
  5. La Grange & Monticello Plane Road Co. v. MaysSupreme Court of Missouri · 1859

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3Cited by3 opinions

  1. Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
  2. Shelby County Railway Co. v. CrowMissouri Court of Appeals · 1909
  3. De Giverville Land Co. v. ThompsonMissouri Court of Appeals · 1915

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