Shockley v. Fisher
Supreme Court of Missouri
Error to Cole Circuit Court. — The case was tried before E. L. Kins, Esq., sitting as Special Judge. The petition alleged in substance that on the 4th day •of September, 1876, the Jefferson City Agricultural Works, a manufacturing and business corporation, executed and delivered to P. H. White and A. J. Shockley a deed of general assignment for the benefit of its creditors, conveying to them as assignees all the effects of said company, including its real, personal and mixed…
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Error to Cole Circuit Court. — The case was tried before E. L. Kins, Esq., sitting as Special Judge. The petition alleged in substance that on the 4th day •of September, 1876, the Jefferson City Agricultural Works, a manufacturing and business corporation, executed and delivered to P. H. White and A. J. Shockley a deed of general assignment for the benefit of its creditors, conveying to them as assignees all the effects of said company, including its real, personal and mixed property, evidences of debt, unpaid stock subscriptions and choses in action; that White failed and refused to qualify…
1Opinion of the Court
I
Sherwood, C. J.
It is not true as assumed by the demurrer that “ a corporation has no power or authority to* *501make .an assignment under the State law.” Section 354, Revised Statutes 1879, permits an assignment to be “made by a debtor to any person in trust for his creditors.” Corporations are in law, for civil purposes, deemed persons. This was the rule at common law. 2 Inst., 697, 703, 706. In the construction of statutes they are to be regarded as persons, when the circumstances in which they are placed are identical with those of natural .persons expressly included in such statutes. The U.…
2Cases cited8 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Webster v. UptonSupreme Court of the United States · 1876
- United States v. AmedySupreme Court of the United States · 1826
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- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
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3Cited by11 opinions
- Wright v. LeeSouth Dakota Supreme Court · 1892
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Hutchinson v. GreenSupreme Court of Missouri · 1886
- Shockley v. FischerMissouri Court of Appeals · 1886
- Hequembourg v. EdwardsSupreme Court of Missouri · 1900
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