Legal Opinion

Perry v. Turner

Supreme Court of Missouri

Decided February 15, 1874PublishedCited by 27 opinions

Appeal from, Buchanan Circuit Court. I. The court below erred in refusing to require the defendants to answer jointly, as their separate answers were exact copies of each other. (Wagn. Stat., 1017, § 14.) II. The allegations of the petition are sufficient, in a proceeding like this, to show a dissolution of the corporation. (Slee vs. Bloom, 19 Johns., 456; Briggs vs. Penniman, 8 Cow., 387; Moore vs. Whitcomb, 48 Mo., 543; State Sav.

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Appeal from, Buchanan Circuit Court. I. The court below erred in refusing to require the defendants to answer jointly, as their separate answers were exact copies of each other. (Wagn. Stat., 1017, § 14.) II. The allegations of the petition are sufficient, in a proceeding like this, to show a dissolution of the corporation. (Slee vs. Bloom, 19 Johns., 456; Briggs vs. Penniman, 8 Cow., 387; Moore vs. Whitcomb, 48 Mo., 543; State Sav. As’n. of St. Louis vs. Kellogg, 52 Mo., 583.) III. The liability of defendants for the debt due plaintiffs is that of original obligors, springing out of and…

1Opinion of the CourtNapton, Judge

As the only question in this case arises on the sufficiency of the petition, it will be necessary to state it in substance. The action is brought by Perry & Brothers, a partnership firm doing business under that name, against Turner, Hays, Wasson and others, alleged to be stockholders in the St. Louis and St. Joseph railroad company, to recover the amount of $22,500, alleged to be due from that company to the plaintiffs.

It is alleged that in 1868 the company was duly organized *422under the general law concerning private corporations, for the construction and operation of a certain railroad…

2Cases cited7 opinions

  1. Slee v. BloomNew York Supreme Court · 1822
  2. Corning & Horner v. McCulloughNew York Court of Appeals · 1847
  3. State Savings Ass'n v. KelloggSupreme Court of Missouri · 1873
  4. Norris v. WrenschallCourt of Appeals of Maryland · 1871
  5. Kritzer v. WoodsonSupreme Court of Missouri · 1854

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

3Cited by27 opinions

  1. Guerney v. MooreSupreme Court of Missouri · 1895
  2. Zang v. WyantSupreme Court of Colorado · 1898
  3. Abbey v. W. B. Grimes Dry Goods Co.Supreme Court of Kansas · 1890
  4. Lewisohn v. StoddardSupreme Court of Connecticut · 1906
  5. Eames v. DorisIllinois Supreme Court · 1882

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

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