Ohio & Mississippi Railroad v. McPherson
Supreme Court of Missouri
Appeal from St, Louis Circuit Court. I. A corporation authorized to be constituted under an act of the Legislature cannot accept any agreement payable to it, or for its benefit, until the prerequisites have been performed to give it a corporate existence. (Wilm. & M. HR. v. Wright, 5 Jones, Law, 304.) II.
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Appeal from St, Louis Circuit Court. I. A corporation authorized to be constituted under an act of the Legislature cannot accept any agreement payable to it, or for its benefit, until the prerequisites have been performed to give it a corporate existence. (Wilm. & M. HR. v. Wright, 5 Jones, Law, 304.) II. All votes and proceedings of persons professing to act in the capacity of corporators, when assembled beyond the bounds of the State granting the charter of incorporation, are wholly void. (Ang. & Ames on Corp., § 498; Runyan v. Oostar’s Lesses, 14 Pet. 128; Miller v. Ewer, 27 Me. 509;…
1Opinion of the CourtDrtden, Judge
This suit was-commenced the 28th November, 1858, and was for the recovery of fourteen hundred dollars and interest, being a balance of the larger sum of two thousand dollars, subscribed by the appellant on the 28th of March, 1851, to the capital stock of the Ohio and Mississippi Railroad Company, the respondent. There seems to be no dispute about the facts in the case, but about the law arising upon them. The facts as disclosed by the record, so far as are material to tire questions arising, are as follows :
The plaintiff was incorporated by an act of the Legislature of the State of Illinois,…
2Cases cited5 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
- John v. Farmers & Mechanics' BankIndiana Supreme Court · 1830
- Miller v. EwerSupreme Judicial Court of Maine · 1847
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- Wright v. LeeSouth Dakota Supreme Court · 1892
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