Meinhart v. Draper
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. Tbe subscribers for stock in a proposed, or the stockholders in an illegal corporation, are liable as partners, and they are liable as partners among themselves and the defective corporation if they have knowledge of the fact and take part in the management of the business. 4 Current Law, p. 91.0; Telephone Co. v. Telephone Co., 84 S. W. 515; Robinson v. Bank, 79 S. W. 103; Bolton v. Prather, 80 S. W. 666.
1Opinion of the CourtNortoni, J.
This is a suit to partition personal property. Plaintiff recovered. The court found the property was incapable of division in kind and ordered it sold, as is usual in partition proceedings in such circumstances. Our statute, sec. 4432, R. S. 1899, sec. 4432, Mo. Ann. St. 1906, authorizes such a proceeding by any one or more of two or more joint owners of personal property, other than boats and vessels, etc. The property involved, the partition of which is sought in this particular instance, is a telephone line some ten or twelve miles in length situated in Clark county. A number of farmers…
2Cases cited3 opinions
- Missouri Bottlers' Ass'n v. FennertyMissouri Court of Appeals · 1899
- Maclay v. FreemanSupreme Court of Missouri · 1871
- Lucas v. ColeSupreme Court of Missouri · 1874
3Cited by7 opinions
- Thompson v. SchmittTexas Supreme Court · 1925
- Sergeant v. Goldsmith Dry Goods Co.Texas Supreme Court · 1920
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Primm v. WhiteMissouri Court of Appeals · 1912
- O'Neal v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1924
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