Legal Opinion

State ex rel. Attorney-General v. Société Républicaine de Secours aux Emigrés Francais Victimes de la Guerre

Missouri Court of Appeals

Decided May 25, 1880PublishedCited by 6 opinions

Appeal from the St. Louis Circuit Court, Thayer, J. Where the corporation does, or suffers to be done, that which has the effect to destroy the object for which it is created, this is equivalent to a surrender of its corporate franchise. — Moore v. Whitcomb, 48 Mo. 547; State Savings Instn. v. Kellogg, 52 Mo. 588. A single act of violation justifies a decree of forfeiture. — New Haven v. Banh, 31 Conn. 106. Illustrations. — The Commonwealth v. Banh; 28 Pa.

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Appeal from the St. Louis Circuit Court, Thayer, J. Where the corporation does, or suffers to be done, that which has the effect to destroy the object for which it is created, this is equivalent to a surrender of its corporate franchise. — Moore v. Whitcomb, 48 Mo. 547; State Savings Instn. v. Kellogg, 52 Mo. 588. A single act of violation justifies a decree of forfeiture. — New Haven v. Banh, 31 Conn. 106. Illustrations. — The Commonwealth v. Banh; 28 Pa. St. 389 ; President v. The Stale, 19 Md. 295 ; The State v. Railroad, .24 Texas, 130. Not every non-user is a ground for forfeiture. — 4…

1Opinion of the Court

Bakewell, J.,

delivered, the opinion of the court.

This is a proceeding in the nature of quo warranto, the object of which is to forfeit the corporate franchise of defendant for non-user. The daté of the information is .December 12, 1877. The date of the incorporation of defendant is June 22, 1874. It appears from the charter of defendant that the object of the organization is to create a fund to assist emigrants from the French departments devastated in the Prussian war, especially, from the territory surrendered to the Prussians, and also to help persecuted republicans. All Frenchmen and…

2Cases cited7 opinions

  1. Slee v. BloomNew York Supreme Court · 1822
  2. Company for Erecting & Supporting a Toll Bridge v. Connecticut River Co.Supreme Court of Connecticut · 1828
  3. Slee v. BloomNew York Court of Chancery · 1821
  4. State v. Trustees of Vincennes UniversityIndiana Supreme Court · 1854
  5. Brinckerhoff v. BrownNew York Court of Chancery · 1823

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3Cited by6 opinions

  1. State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
  2. Illinois Trust & Savings Bank v. DoudCourt of Appeals for the Eighth Circuit · 1900
  3. State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894
  4. Kuehl v. MeyerMissouri Court of Appeals · 1892
  5. Elliott v. SullivanMissouri Court of Appeals · 1911

1 more not listed; retrieve them via the Exa API.

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