Ryan v. Miller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) Plaintiff cannot question the validity of the incorporation of the Miller Company in this action, and, whether one or more of the incorporators failed to sign the articles, does not affect the validity of the incorporation.
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Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. (1) Plaintiff cannot question the validity of the incorporation of the Miller Company in this action, and, whether one or more of the incorporators failed to sign the articles, does not affect the validity of the incorporation. Bank v. Rockefeller, 195 Mo. 15; Webb v. Rockefeller, 195 Mo. 57; Haskell v. Worthington, 94 Mo. 560. (2) Nor can plaintiff claim that the Miller Co. was acting outside its charter powers. The question of ultra vires can only be raised by the State. Drug Co. v. Robinson, 81 Mo. 18; Bank v. Trust…
1Opinion of the CourtGraves, P. J.
Plaintiff below was first unsuc cessful, the trial court having forced him to a non-suit. Upon motion being filed the court set aside the nonsuit, and from that ruling the defendants have appealed. Plaintiff styles his petition as one “to rescind a contract of sale of stock in a corporation for misrepresentation and deceit.”
• Defendants in their brief, thus characterize the petition: “There are many counts in the petition, each of which declares on the amount of stock subscribed by the respective stockholders, and there are likewise many matters of history, conclusions of law and broad…
2Cases cited10 opinions
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- Kendrick v. RyusSupreme Court of Missouri · 1910
- French v. ShotwellNew York Court of Chancery · 1821
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jamison Coal & Coke Co. v. GoltraCourt of Appeals for the Eighth Circuit · 1944
- Monticello Building Corp. v. Monticello Investment Co.Supreme Court of Missouri · 1932
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Leone v. BearSupreme Court of Missouri · 1951
- Strohm v. BodenSupreme Court of Missouri · 1949
9 more not listed; retrieve them via the Exa API.