Weir Furnace Co. v. Bodwell
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The defendants assumed to act as a corporation before obtaining a franchise for that purpose, and in so acting they incurred the liability of partners. Rurtv. Salisbury, 55 Mo. 310; Richardson v. Pitts, 71 Mo. 128; Martin v. Feioell, 79 Mo. 401; Smith v. Warden, 86 Mo. 399; Queen City F. & C. Co. v. Crawford, 127 Mo. 356; Glenn v. Bergmann, 20 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The defendants assumed to act as a corporation before obtaining a franchise for that purpose, and in so acting they incurred the liability of partners. Rurtv. Salisbury, 55 Mo. 310; Richardson v. Pitts, 71 Mo. 128; Martin v. Feioell, 79 Mo. 401; Smith v. Warden, 86 Mo. 399; Queen City F. & C. Co. v. Crawford, 127 Mo. 356; Glenn v. Bergmann, 20 Mo. App. 343. (2) The defendants assumed to act for a principal who had no existence as a legal entity, and was not responsible, and are therefore personally liable. Blakely v.…
1Opinion of the CourtSmith, P. J.
The plaintiff is an incorporated business company organized under the laws of the state of Iowa.
About November 21,1893, the defendants contemplated associating themselves together for the purpose of forming a manufacturing corporation, n under the name of the “Kansas City Bale, Tie and Press Company.” No articles of corporate association had then been signed or acknowledged by them or if so the same were never recorded in the office of the recorder or filed with the secretary of state as required by the statute. The defendants, while thus contemplating the formation of said incorporated…
2Cases cited29 opinions
- Bigelow v. GregoryIllinois Supreme Court · 1874
- Abbott v. Omaha Smelting & Refining Co.Nebraska Supreme Court · 1876
- Jones v. ShawSupreme Court of Missouri · 1878
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- Planters' & Miners' Bank v. PadgettSupreme Court of Georgia · 1882
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3Cited by1 opinion
- Riffe v. ProctorMissouri Court of Appeals · 1903