Bowman v. Anderson
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hem. W. K. Ámick, Judge. (1) This case cannot be adjudged by the rule of ultra vires without disregarding the principles of justice. That rule does not afford a reasonable guide by which to determine the rights of the parties hereto.
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Appeal from Buchanan Circuit Court. — Hem. W. K. Ámick, Judge. (1) This case cannot be adjudged by the rule of ultra vires without disregarding the principles of justice. That rule does not afford a reasonable guide by which to determine the rights of the parties hereto. “The doctrine of a want of power to contract cannot be invoked to aid a party to perpetrate wrong and injustice. ” (a) It is of the gravest doubt whether the transfer of the assets and business of the Fraternal Home to the Kansas City Life was an ultra vires act. The association had no stockholders; it had no capital stock;…
1Opinion of the Court
ROY, C.
— The plaintiff, Prank L. Bowman, receiver of the Fraternal Home, a fraternal beneficial association, incorpiorated, recovered judgment against William W. Anderson, Prank Clark, Margaret Tilley, administratrix of Hiram Tilley, deceased, and Elsie Sanderson, administratrix of Charles D. Sanderson, deceased, for $33,414.95. Defendants have appealed. *12Since the appeal, defendant Frank Clark died, and the canse has been revived in the name of Netta L. Clark, his administratrix.
The Fraternal Home began business in 1899 with its principal office at Hamilton, Caldwell County. Anderson, Clark,…
2Cases cited15 opinions
- Diaz v. United StatesSupreme Court of the United States · 1912
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
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- State Ex Rel. Norborne Land Drainage District Co. of Carroll County v. HughesSupreme Court of Missouri · 1922
- State v. HicksSupreme Court of Missouri · 1928