Boatmen's Bank v. Gillespie
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». Shannon G. Douglass, Judge. (1) Plaintiff’s petition wholly fails to state a cause of action, and the issues of this appeal should, therefore, be determined in favor of appellants upon a consideration thereof alone, for the reasons: (a) The certificate of incorporation issued by the Secretary of State is a final determination of its right to be and do business as a corporation, and thereafter no one except the State, by a direct…
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Appeal from Jackson Circuit Court. — No». Shannon G. Douglass, Judge. (1) Plaintiff’s petition wholly fails to state a cause of action, and the issues of this appeal should, therefore, be determined in favor of appellants upon a consideration thereof alone, for the reasons: (a) The certificate of incorporation issued by the Secretary of State is a final determination of its right to be and do business as a corporation, and thereafter no one except the State, by a direct proceeding, can question its corporate existence. Secs. 955, 1312, 1313, R. S. 1899; Thompson on Corp., secs. 2991, 7709;…
1Opinion of the CourtBurgess, J.
This is an action on two promissory notes, each for $8,000, upon which plaintiff seeks to recover judgment against the defendants individually, as members of The A. J. Gillespie Commission Company, on the ground that said commission company, which indorsed and sold said1 notes, never became a corporation.
The petition is in two counts, the first count of which states: That on October 15, 1898, one G. G. Gillett and J. S. Hollinger, C. H. Pattison, E. C. Hollinger, Jos. Z. Reed, A. L. Hollinger and O. L. Thisler made, executed and delivered to the above-named defendants, under the name and…
2Cases cited14 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Button v. HoffmanWisconsin Supreme Court · 1884
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- Bank of California v. City & County of San FranciscoCalifornia Supreme Court · 1904
- St. Joseph & Iowa Railroad v. ShambaughSupreme Court of Missouri · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sylvan Beach, Inc. v. KochCourt of Appeals for the Eighth Circuit · 1944
- Clark Estate Co. v. GentrySupreme Court of Missouri · 1951
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Hess Warming & Ventilating Co. v. Burlington Grain Elevator Co.Supreme Court of Missouri · 1919
- Kosman v. ThompsonSupreme Court of Iowa · 1927
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