Legal Opinion

Kansas City Hotel Co. v. Sauer

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 33 opinions

Ap>peal from Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. I. The theory that defendant is precluded by his execution of the bond to plaintiff’ from denying the corporate existence of plaintiff is unsupported by the authorities. "What is said in St. Louis v. Shields, 62 Mo. 247, on that subject, is a mere dictum.

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Ap>peal from Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. I. The theory that defendant is precluded by his execution of the bond to plaintiff’ from denying the corporate existence of plaintiff is unsupported by the authorities. "What is said in St. Louis v. Shields, 62 Mo. 247, on that subject, is a mere dictum. The authorities sustain the following propositions : 1. It is always competent for a defendant when sued by .a corporation plaintiff, either as a wrong doer, or upon contract executed by the defendant with the plaintiff, as such ■corporation, to plead nul tiel corporation.…

1Opinion of the CourtSherwood, C. J.

Action on bond given by defendant to plaintiff, conditioned that former would save latter harmless from any claim or demand against plaintiff or its hotel property, by reason of any liability incurred by, or *286through four several mechanics’ liens, defend all suits that might he pending or thereafter brought by the claimants under such liens, pay off, discharge and satisfy any and all such judgment, which might be recovered by such claimants against the plaintiff or its hotel property, and release said property therefrom before the same was advertised, or the plaintiff or any member of its…

2Cases cited8 opinions

  1. Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
  2. Kirkpatrick v. DowningSupreme Court of Missouri · 1874
  3. Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
  4. State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
  5. Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811

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3Cited by33 opinions

  1. Chouteau v. AllenSupreme Court of Missouri · 1879
  2. Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
  3. F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
  4. McAdow v. SturtevantMissouri Court of Appeals · 1890
  5. Bedsole v. PetersSupreme Court of Alabama · 1885

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