Thompson v. Allen
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — James R, Shields, Esq., Special Judge. (1) It was error to make the decree against the-defendant corporation, without the service of summons,, or its appearance to the action. The corporation could not be brought into court by suing its stockholders.
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Appeal from Jasper Circuit Court. — James R, Shields, Esq., Special Judge. (1) It was error to make the decree against the-defendant corporation, without the service of summons,, or its appearance to the action. The corporation could not be brought into court by suing its stockholders. Angelí & Ames on Corp., secs. 40, 46,100, 591; Gerard B. Allen Co. v. Frumet, etc., 73 Mo. 62. The fact that the-name of the corporation was the same as that of the firm, and that the stockholders therein were the members of the firm, can make no difference. In the eye of the law the firm and the corporation…
1Opinion of the CourtNorton, J.
— This suit was brought on the sixteenth day of October, 1881, against C. C. Allen, Thomas M. Davy, William McMillin, and W. A. Daugherty, as partners doing business under the firm name of the Carterville Mining and Smelting Company, for the specific performance of a contract alleged to have been made by them on the twelfth day of September, 1876, with the grantors of plaintiffs, for the conveyance of a certain lot in the town of Carterville, Jasper county. A trial was had at the November term of court, 1883, during the progress of which it appeared that the alleged contract was made with a…
2Cases cited5 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Landrum v. Union BankSupreme Court of Missouri · 1876
- Moreman v. TalbottSupreme Court of Missouri · 1874
3Cited by8 opinions
- Thompson v. Palmer CorporationCalifornia Court of Appeal · 1956
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
- Anderson v. AndersonMissouri Court of Appeals · 1893
- Daiprai v. Moberly Fuel & Transfer Co.Supreme Court of Missouri · 1949
- Hackett v. Van FrankMissouri Court of Appeals · 1906
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