Legal Opinion

Drake v. Herndon

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 2 opinions

CASE 23. — ACTION BY E. B. DRAKE AGAINST EMMA L. HERNDON ON A NOTE. — March. 1. Appeal from Scott Circuit Court. M. C. Saueley, Special Judge. Prom the judgment plaintiff appeals-. CITATION OF AUTHORITIES. 1. There can be no legal organization 'of a corporation without at least three persons in good' faith associating themselves together for the purpose of carrying on the proposed business. (Ky.

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CASE 23. — ACTION BY E. B. DRAKE AGAINST EMMA L. HERNDON ON A NOTE. — March. 1. Appeal from Scott Circuit Court. M. C. Saueley, Special Judge. Prom the judgment plaintiff appeals-. CITATION OF AUTHORITIES. 1. There can be no legal organization 'of a corporation without at least three persons in good' faith associating themselves together for the purpose of carrying on the proposed business. (Ky. Stats., section 538.) 2. The signers of the articles of incorporation have no power to transact any business before directors are elected, except such as is necessary to complete the organization.…

1Opinion of the Court

OPINION by

Judge Babkeb.

— Affirming.

This action was instituted by the appellant, E. B, Drake, to recover a judgment against Bell M. Hern-don, Emma L. Herndon, his wife, and John Gr. Bradford, on a note for the sum of $282.50 signed by the Bell M. Herndon Implement Company, by Bell M. Herndon. The petition charges that the three defendants were partners and as such bound for the' debt; and the question whether they were partners-is the issue in the case. The allegations as to the partnership were denied by the answer.

The facts-are these: On the 5th day of April, 1902, Bell M. Herndon, Emma L.…

2Cases cited4 opinions

  1. Portland & Greenwood Turnpike Co. v. BobbCourt of Appeals of Kentucky · 1889
  2. Cincinnati Cooperage Co. v. BateCourt of Appeals of Kentucky · 1894
  3. Walton v. RileyCourt of Appeals of Kentucky · 1887
  4. Heinig v. Adams & Westlake Manufacturing Co.Court of Appeals of Kentucky · 1883

3Cited by2 opinions

  1. Daily v. MarshallMontana Supreme Court · 1913
  2. Burley Tobacco Co. v. VestCourt of Appeals of Kentucky · 1915

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