Leckie v. Bennett
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The individual members of the Missouri Standard Mining Company, could not assume the debts of the Oakwood Mining Company, but same would have to be done by a majority of the persons duly assembled as a board of directors.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The individual members of the Missouri Standard Mining Company, could not assume the debts of the Oakwood Mining Company, but same would have to be done by a majority of the persons duly assembled as a board of directors. R. S. 1909, sec. 2992; Hutchinson v. Green, 91 Mo. 367; K. C. Hay Co. v. Devol, 72 Fed. 721; Calumet Paper Co. v. Haskell, 144 ' Mo. 331. (2) There is no novation here. 'A novation requires the mutual assent of all parties to the transaction, a mutual agreement extinguishment of the old debt, a new promise…
1Opinion of the Court
NIXON, P. J. —
This was a suit instituted by appellant against the respondents as partners doing business under the firm and style of Oakwood Mining Company. The petition is in one count, and the cause of action is based upon an account stated consisting of various articles for use in the mining business, and for rent of a hoister, said items extending from September 12, 1907, to October 2, 1909, and to the date of the formation of the corporation (hereinafter referred to) known as the Missouri Standard Mining Company, which account is not preserved in the record. ' -
The answer is a general…
2Cases cited11 opinions
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Devers v. HowardSupreme Court of Missouri · 1898
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
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