Johnson v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) There is no suggestion in the petition of fraud ' by inference as a result of a practical common directory of the two companies, or tlieir want of contractual capacity as between themselves, and if there was, this would not be sufficient. The two companies would not lose their respective corporate individualities by such faet nor their capacity to contract with each other.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) There is no suggestion in the petition of fraud ' by inference as a result of a practical common directory of the two companies, or tlieir want of contractual capacity as between themselves, and if there was, this would not be sufficient. The two companies would not lose their respective corporate individualities by such faet nor their capacity to contract with each other. R. S. 1909, sec. 31316, par. 7; Peterson v. Railway Co., 205 U. S. 3164; Bank v. Big Muddy Iron Co., 97 Mo. 38; Kitchen v. Railway Co., 69 Mo.…
1Opinion of the Court
CRAMER, Special Judge.
Plaintiff brings this suit in equity against the United Railways 'Company of St. Louis and the Transit Company of St. Louis as assignee of certain judgments for personal injuries recovered by various parties against the Transit Company while it was operating the street car lines in the City of St. Louis under a lease from the United Railways Company.
The ground on which he seeks to hold the United Railways Company liable appears from the following allegations of the petitipn:
“Plaintiff further states that on or about the 31st day of October, 1904, the entire property and…
Also in this document: Concurrence.
2Cases cited2 opinions
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
3Cited by7 opinions
- Freehling v. Nielson (In Re F & C Services, Inc.)United States Bankruptcy Court, S.D. Florida. · 1984
- Hoyt v. HampeSupreme Court of Iowa · 1925
- Merrick v. StephensMissouri Court of Appeals · 1960
- Boesel v. PerryMissouri Court of Appeals · 1954
- Hutson v. Long Bell Lumber Co.District Court, W.D. Missouri · 1932
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