Joseph Schlitz Brewing Co. v. Missouri Poultry & Game Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. ' Rhodes E. Cave, Judge. (1) Plaintiff cannot recover on the bond and contract, in an action on contract, because the contract was ultra vires of the Poultry & Game Company as defined in its articles of incorporation, and the constitutional provision and statute governing the powers of corporations. Sec. 7, Art. 12, Mo. Constitution; Sec. 2990, R. S. 1909; Ue La Yergne Co. v. German Sav. Instn., 175 IT.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. ' Rhodes E. Cave, Judge. (1) Plaintiff cannot recover on the bond and contract, in an action on contract, because the contract was ultra vires of the Poultry & Game Company as defined in its articles of incorporation, and the constitutional provision and statute governing the powers of corporations. Sec. 7, Art. 12, Mo. Constitution; Sec. 2990, R. S. 1909; Ue La Yergne Co. v. German Sav. Instn., 175 IT. S. 40; Buckeye Marble & Freestone Co. v. Harvey, 92 Tenn. 115, 18 L. R. A. 252:; Anglo-American Land, Mtg. & Agency Co. v. Lombard, 132 Fed.…
1Opinion of the CourtJames T. Blair, J.
Plaintiff is a Wisconsin corporation which formerly brewed and sold beer. Defendant Missouri Poultry & Game Company is a Missouri corporation. In August, 1905, F. W. Brockman'went to Milwaukee and orally agreed with plaintiff to purchase beer from it; that he would form a corporation for that purpose; that he would go into the business and finance it, furnish a bond signed by himself and August Gehner, and in due time notify plaintiff when to commence shipping its product. On August 26, 1905, the bond was signed. August 29,1905, Brockman wrote plaintiff ordering beer, and saying: “You can…
2Cases cited8 opinions
- Hudson v. BrowningSupreme Court of Missouri · 1915
- Winters v. CherrySupreme Court of Missouri · 1883
- Halstead v. . the Mayor, C. of New YorkNew York Court of Appeals · 1850
- Matthews v. SkinkerSupreme Court of Missouri · 1876
- Bird v. BilbyMissouri Court of Appeals · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Holtmeier v. DayaniMissouri Court of Appeals · 1993
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Koman v. MorrisseySupreme Court of Missouri · 1974
- Wills v. AlcornMissouri Court of Appeals · 1982
13 more not listed; retrieve them via the Exa API.