Albers v. Merchants' Exchange
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon» Daniel D. Fisher, Judge. (1) The petition fails to show any legal capacity in plaintiff to sue upon the alleged causes of action, which admittedly belong primarily to the Exchange corporation itself. 3 Pomeroy Eq. Juris., pp. 10, 11; 1 Morawetz on Corp., sec. 240; Angelí & Ames on Corp.,. sec. 312; Thompson on Liability of Officers & Agents-of Corp., p. 382, et seq.; Hawes v. Oakland, 104 U. S-450; Slattery r>. Trans.
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Appeal from the St. Louis City Circuit Court. — Hon» Daniel D. Fisher, Judge. (1) The petition fails to show any legal capacity in plaintiff to sue upon the alleged causes of action, which admittedly belong primarily to the Exchange corporation itself. 3 Pomeroy Eq. Juris., pp. 10, 11; 1 Morawetz on Corp., sec. 240; Angelí & Ames on Corp.,. sec. 312; Thompson on Liability of Officers & Agents-of Corp., p. 382, et seq.; Hawes v. Oakland, 104 U. S-450; Slattery r>. Trans. Co., 91 Mo. 217; Buckley v. Iron Co., 77 Mo. 105; Samuel v. Holloway, 1 Wool.. 414 ; Huntington v. Plummer, 104 U. S. 482;…
1Opinion of the CourtThompson, J.
— The question for decision in this case arises upon the ruling of the circuit court in sustaining a demurrer to the following petition :
“Plaintiff by leave of court, in behalf of himself and such other members and stockholders of the Merchants’ Exchange of St. Louis, as may desire to come in, files this his amended petition and states that the Merchants’ Exchange of the city of St. Louis is a business corporation, duly created and organized in pursuance of the laws of the state of Missouri; that said corporation is composed of merchants, dealers and manufacturers of the city of St. Louis,…
2Cases cited12 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Crumlish's Adm'r v. Shen. Val. RailroadWest Virginia Supreme Court · 1886
- Heath v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1871
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
- Nathan v. TompkinsSupreme Court of Alabama · 1886
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3Cited by10 opinions
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Caldwell v. EubanksSupreme Court of Missouri · 1930
- Bookman v. R.J. Reynolds Tobacco Co.New Jersey Court of Chancery · 1946
- Kirrane v. BooneSupreme Court of Missouri · 1933
5 more not listed; retrieve them via the Exa API.