Legal Opinion

State ex rel. Brown Contracting & Building Co. v. Cook

Supreme Court of Missouri

Decided May 11, 1904PublishedCited by 7 opinions

Mandamus. (1) It is not a fraud upon the laws of the State of Missouri for citizens thereof, in connection with citizens of another State, to form a corporation under the laws of the other State to do business in this State, when such corporation is authorized by the laws of both States. 7 Am. and Eng. Ency. of Law (2 Ed.), p. 650; 2 Morawetz on Priv.

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Mandamus. (1) It is not a fraud upon the laws of the State of Missouri for citizens thereof, in connection with citizens of another State, to form a corporation under the laws of the other State to do business in this State, when such corporation is authorized by the laws of both States. 7 Am. and Eng. Ency. of Law (2 Ed.), p. 650; 2 Morawetz on Priv. Corp. (2 Ed.), sec. 965a; Demarest v. Flack, 128 N. Y. 205; Hanna v. Petroleum Co., 23 Ohio St. 622; Newberg Petroleum Co. v. Weare, 27 Ohio St. 343. (2) It is the settled policy of Missouri to encourage the combination of capital in lawful…

1Opinion of the CourtGantt, J.

This is an original proceeding in this court by the relator to obtain a peremptory writ of mandamus directing the Secretary of State to grant a license to the relator, a foreign corporation, organized and *600chartered hy the State of New Jersey, to transact its business in this State.

The relator is a business corporation organized to carry on the business of contracting for the construction by it of buildings for others, and the construction by it for others of houses, buildings, structures and works of every description, and to have the power to acquire by purchase, lease, exchange, hire, or…

2Cases cited12 opinions

  1. Merrick v. . Van SantvoordNew York Court of Appeals · 1866
  2. Demarest v. . FlackNew York Court of Appeals · 1891
  3. Land Grant Railway & Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1870
  4. Saltmarsh v. SpauldingMassachusetts Supreme Judicial Court · 1888
  5. Montgomery v. ForbesMassachusetts Supreme Judicial Court · 1889

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3Cited by7 opinions

  1. Booth v. ScottSupreme Court of Missouri · 1918
  2. State Ex Rel. Standard Tank Car Co. v. SullivanSupreme Court of Missouri · 1920
  3. Southwestern Bell Telephone Co. v. MiddlekampDistrict Court, W.D. Missouri · 1921
  4. Proctor v. Board of Trustees of Methodist Episcopal ChurchSupreme Court of Missouri · 1909
  5. Scharbauer v. Lampasas CountyTexas Commission of Appeals · 1921

2 more not listed; retrieve them via the Exa API.

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