Newland Hotel Co. v. Lowe Furniture Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) If the defect arises from a want of legal capacity, and if the parties act under a mutual mistake of the law, and are both equally well informed in regard to the facts, he would have no legal remedy against the agent; not in assumpsit, for it was not his contract. Not in tort, for he is chargeable with no deceit.
Read the full summary
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) If the defect arises from a want of legal capacity, and if the parties act under a mutual mistake of the law, and are both equally well informed in regard to the facts, he would have no legal remedy against the agent; not in assumpsit, for it was not his contract. Not in tort, for he is chargeable with no deceit. Taylor on Corporations, note under see. 754. (2) The plaintiff was bound to take notice of the limitation of the powers of the furniture company. 2 Beach on Corporation, sec. 843; Mallroy v. Oil Works, 86 Tenn.…
1Opinion of the CourtSmith, P. J.
The plaintiff and the defendant, the Lowe Furniture Company, are both business corporations organized and existing under the provisions of the statute of this state. This suit was brought against defendants on the following written undertaking, to wit:
c°uravfres0N:
“"Webb City, Missouri, February 11, 1896.
• “We, the undersigned, do hereby subscribe the amounts set opposite our respective names for the purpose of forming a stock company, with a capital of $5,000, to furnish and open the Newland Hotel.
“(Signed) Lowe Furniture Co., $1,000.”
This was followed by the names of other subscribers with…
2Cases cited9 opinions
- Ogden v. RaymondSupreme Court of Connecticut · 1852
- Hurt v. SalisburySupreme Court of Missouri · 1874
- Blakely v. BenneckeSupreme Court of Missouri · 1875
- McCurdy v. RogersWisconsin Supreme Court · 1866
- Simmons v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- State v. MeysenburgMissouri Court of Appeals · 1902
- Reid v. Alaska Packing Co.Oregon Supreme Court · 1905
- Richard Hanlon Millinery Co. v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1913
- Riffe v. ProctorMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.