Shelby County Railway Co. v. Crow
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — Hon. Ben Eli Guthrie, Special Judge. A contract entered into for the purpose of forming a corporation, by the terms of which the subscribers agree to take a stipulated amount of stock in said concern, is valid. It inures to the corporate body when organized and is enforcible against the signers. 26 Am. and Eng.
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Appeal from Shelby Circuit Court. — Hon. Ben Eli Guthrie, Special Judge. A contract entered into for the purpose of forming a corporation, by the terms of which the subscribers agree to take a stipulated amount of stock in said concern, is valid. It inures to the corporate body when organized and is enforcible against the signers. 26 Am. and Eng. Ency. of Law (2 Ed.), pp. 902-903, and authorities there cited. 10 Cyclopedia of Law and Procedure, 386, 388; Hotel Co. v. Smith, 13 Mo. App. 7; Haskell v. Sells, 14 Mo. App. 91; Swain v. Hill, 30 Mo. App. 444; Ollesheimer v. Thompson, 44 M’o. App.…
1Opinion of the CourtNortoni, J.
— This is a suit in which it is sought to enforce the liability of a stockholder in an incorporated railroad company against the defendant, who had signed only a preliminary subscription paper. That is, it is sought to enforce the liability of a stockholder against the defendant who had not signed the articles of association nor otherwise subscribed for stock in the company, in accordance with the statute. The circuit court sustained a demurrer to, the petition giving judgment to the effect that upon the facts stated, no liability arose against the defendant from signing the preliminary…
2Cases cited14 opinions
- School District v. SheidleySupreme Court of Missouri · 1897
- Moss v. GreenSupreme Court of Missouri · 1867
- Marysville Electric Light & Power Co. v. JohnsonCalifornia Supreme Court · 1892
- Haskell v. WorthingtonSupreme Court of Missouri · 1887
- Peninsular Railway Co. v. DuncanMichigan Supreme Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Enright v. HeckscherCourt of Appeals for the Second Circuit · 1917
- Scottish Rite Temple Ass'n of Kansas City v. LucksingerMissouri Court of Appeals · 1937
- Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
- National Realty Co v. NeilsonWashington Supreme Court · 1913
- Sherman v. ShaughnessyMissouri Court of Appeals · 1910
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