Granby Mining & Smelting Co. v. Richards
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — ITon. W. IT.. Horner, Judge. (1) There is no proof adduced by plaintiff that defendant and others were copartners trading under the name and style of the Missouri Zinc Company, and as such liable for the debt sued for. (2) The Missouri Zinc Company was a lawfully organized corporation under the act of February 20, 1865 (Sess. Acts 1864-5, pp. 268, 269, 270), and its individual members are, therefore, not chargeable with its debts.
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Error to St. Louis City Circuit Court. — ITon. W. IT.. Horner, Judge. (1) There is no proof adduced by plaintiff that defendant and others were copartners trading under the name and style of the Missouri Zinc Company, and as such liable for the debt sued for. (2) The Missouri Zinc Company was a lawfully organized corporation under the act of February 20, 1865 (Sess. Acts 1864-5, pp. 268, 269, 270), and its individual members are, therefore, not chargeable with its debts. (8) The' Missouri Zinc Company, if not a corporation de jure, was a corporation de facto, and any deficiency in its…
1Opinion of the CourtBlack, J.
This action is based upon five promissory notes and an open account, and which, without the •credits, aggregate seventy-five thousand dollars. The notes are dated in 1881 and 1882, and are signed “Missouri Zinc Company,” some of them by “T. T. Richards, Treas.,” and others 'by “Eben Richards, Prest.” The •open account is for a balance for zinc sold in 1881. The petition alleges that the defendant, Eben Richards, and •others not made defendants, were partners doing business under the name of the “Missouri Zinc Company,” .and as such executed the notes and incurred the indebtedness. There was a…
2Cases cited4 opinions
- Bigelow v. GregoryIllinois Supreme Court · 1874
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- Richardson v. PittsSupreme Court of Missouri · 1879
- Kaiser v. Lawrence Savings BankSupreme Court of Iowa · 1881
3Cited by20 opinions
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Doty v. PattersonIndiana Supreme Court · 1900
- St. Joseph & Iowa Railroad v. ShambaughSupreme Court of Missouri · 1891
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