Legal Opinion

Elliott v. Sullivan

Missouri Court of Appeals

Decided May 8, 1911PublishedCited by 4 opinions

Appeal from LaAvrence Circuit Court.—Eon. Garr McNatt, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s petition. Bates v. Wilson, 14 Colo. 56; MoraAvetz on Corporations, secs. 769,1022; Jayser v. Breman, 16 Mo. 88; Wells Co. v. Gfastonia Oo., 198 U. S. 177; Railroad v. Coal Mining Co., 161 Mo. 288; Armour v. Bements Sons, 128 Fed. 56; Lead Co. v. Paint Co., 8 Mo. App. 264; Bank v. Rockefeller, 195 Mo. 15; Webb y.

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Appeal from LaAvrence Circuit Court.—Eon. Garr McNatt, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s petition. Bates v. Wilson, 14 Colo. 56; MoraAvetz on Corporations, secs. 769,1022; Jayser v. Breman, 16 Mo. 88; Wells Co. v. Gfastonia Oo., 198 U. S. 177; Railroad v. Coal Mining Co., 161 Mo. 288; Armour v. Bements Sons, 128 Fed. 56; Lead Co. v. Paint Co., 8 Mo. App. 264; Bank v. Rockefeller, 195 Mo. 15; Webb y. Rockefeller, 195 Mo.-57. (2) The concentration of all the shares of stock of a corporation in the hands of a single individual does not work a…

1Opinion of the CourtGray, J.

Plaintiff’s petition contains five counts, in which he asks judgment for goods sold and delivered to the Kansas City-Aurora Mining Company. The counts -are substantially alike, except the first is for goods sold and delivered by the plaintiff, and the others are for goods sold and delivered by assignors. In each count there is a general allegation that the goods were sold and delivered to the Kansas City-Aurora Mining *501Company, a partnership composed of the defendants. After said general allegations, it is alleged in each count, that the defendants claim to be engaged in business as a…

2Cases cited21 opinions

  1. Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
  2. Baldwin v. CanfieldSupreme Court of Minnesota · 1879
  3. Button v. HoffmanWisconsin Supreme Court · 1884
  4. Swift v. Smith, Dixon & Co.Court of Appeals of Maryland · 1886
  5. Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877

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3Cited by4 opinions

  1. Brashears v. CollisonCourt of Appeals of Maryland · 1955
  2. Title Guaranty Trust Co. v. SessinghausSupreme Court of Missouri · 1930
  3. Schneider v. JohnsonMissouri Court of Appeals · 1912
  4. Brookline Canning & Packing Co. v. EvansMissouri Court of Appeals · 1912

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