Legal Opinion

Iroquois Manufacturing Co. v. Annan-Burg Milling Co.

Missouri Court of Appeals

Decided December 2, 1913PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The affidavit filed with defendants’ answer properly put in issue plaintiff’s corporate existence. R. S. 1909, sec. 1985; White v. I. O'. O. F., 30 Mo. App. 682; Meyer Bros. v. Insurance Co., 73 Mo. App>. 166. (2) The rule denying the right to question, in a collateral proceeding, a corporation’s existence applies only where the corporation had a de Jacto existence. White v. I. O. O. F., 301 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The affidavit filed with defendants’ answer properly put in issue plaintiff’s corporate existence. R. S. 1909, sec. 1985; White v. I. O'. O. F., 30 Mo. App. 682; Meyer Bros. v. Insurance Co., 73 Mo. App>. 166. (2) The rule denying the right to question, in a collateral proceeding, a corporation’s existence applies only where the corporation had a de Jacto existence. White v. I. O. O. F., 301 Mo. App. 682; Board of Trade v. Building Co., 136 HI. App. 606; Krutz v. Town Co., 20 Kan. 397; Jones v. Hardware Co., 21 Col. 263;…

1Opinion of the CourtReynolds, P. J.

This is an action on a bond given by appellants to respondent on an appeal from a judgment of the circuit court to this court, in a cause in which' the. respondent here was. plaintiff and the Annan-Burg Milling Company defendant, the’AnnanBurg Milling Company executing it as principal, and *90Henry Burg and George F. Beck as sureties, one the attorney, the other a member of the defendant corporation. It is for the sum of $200', and after reciting that the Annan-Burg Milling Company has appealed from the judgment rendered against it and in favor of the Iroquois Manufacturing Company in the…

2Cases cited3 opinions

  1. State v. MurphyMissouri Court of Appeals · 1892
  2. Farmers' Bank v. FudgeMissouri Court of Appeals · 1904
  3. Scientific American Club v. HorchitzMissouri Court of Appeals · 1912

3Cited by2 opinions

  1. Schneider v. Best Truck Lines, Inc.Missouri Court of Appeals · 1971
  2. ASSOCIATED GROCERS'COMPANY OF ST. LOUIS, MO. v. CroweMissouri Court of Appeals · 1965

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