State Savings Ass'n v. Kellogg
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The Southwestern Freight and Cotton Press Company • was “dissolved” in June, 1869. It is admitted by the pleadings, that it was in that month decreed a bankrupt. It is further admitted by the pleadings, that it was then wholly without funds or means.
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Error to St. Louis Circuit Court. I. The Southwestern Freight and Cotton Press Company • was “dissolved” in June, 1869. It is admitted by the pleadings, that it was in that month decreed a bankrupt. It is further admitted by the pleadings, that it was then wholly without funds or means. "When it is provided in the act creating >a corporation “that the individuals composing it shall be liable at the time of the dissolution of the company for the debts then clue, any inability of the company by reason of a total want of funds to exercise its corporate powers, will be deemed a dissolution.”…
1Opinion of the CourtWagner, Judge
This was an action against the defendants, as stockholders *588of tbe Southwestern Freight & Ootton Press Co. The petition alleges the organization of the company as a corporation under the laws of this State, its existence as such corporation in 1869, its becoming indebted to plaintiff in the same year, and its dissolution in June 1869. The averment is that in June 1869, the said corporation became wholly insolvent and bankrupt, and presented its petition to the United States District Court and was in that month declared a bankrupt, and was totally without funds or means, whereby it became…
2Cases cited4 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Trustees of the Freeholders & Commonalty of Huntington v. NicollNew York Supreme Court · 1808
- Moore v. WhitcombSupreme Court of Missouri · 1871
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- Duncan v. Missouri Board for Architects, Professional Engineers & Land SurveyorsMissouri Court of Appeals · 1988
- Shickle v. WattsSupreme Court of Missouri · 1887
- Guerney v. MooreSupreme Court of Missouri · 1895
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