Louisiana Purchase Exposition Co. v. Schnurmacher
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Bo». John W. McElhinney, Judge.. (1 ) Defendant submits that plaintiff’s contention that tbe Wilkinson case, 83 Mo. 235, is not in point, cannot be sustained. Tbe only difference between that case and tbis is that one is a World’s Fair Corporation and tbe other a railroad corporation; but each of them is organized under statutory provisions.
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Appeal from St. Louis Circuit Court. — Bo». John W. McElhinney, Judge.. (1 ) Defendant submits that plaintiff’s contention that tbe Wilkinson case, 83 Mo. 235, is not in point, cannot be sustained. Tbe only difference between that case and tbis is that one is a World’s Fair Corporation and tbe other a railroad corporation; but each of them is organized under statutory provisions. (2) It is elementary law that delivery is as essential as signing, and both must be intentionally done. In fact, tbe delivery is tbe consummation of tbe bargain, and tbis so much so that tbe place where a contract…
1Opinion of the CourtCox, J.
Action by the plaintiff corporation against Henry Zeigenhein to collect a supposed subscription of five thousand dollars to the capital stock of the corporation. After the trial the defendant died and the case had been revived in the name of his administrator. Trial was had in the circuit court of St. Louis county before the court, and the issues found for plaintiff, and from the judgment in its favor the defendant has appealed. The date of the subscription was prior to the formation of the corporation, and the defense to the action was two-fold. First, that the subscription being preliminary…
2Cases cited1 opinion
- Sedalia, Warsaw & Southern Railway Co. v. WilkersonSupreme Court of Missouri · 1884
3Cited by4 opinions
- State Ex Rel. Sears, Roebuck & Co. v. HaidSupreme Court of Missouri · 1933
- De Giverville Land Co. v. ThompsonMissouri Court of Appeals · 1915
- Trustees of Louisiana Purchase Exposition Co. v. SchnurmacherMissouri Court of Appeals · 1911
- Pate v. RossMissouri Court of Appeals · 1935