Hyatt v. Van Riper
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longcm, Judge. (1) The court below held the defendants liable as. partners, explicitly stating so in its findings and instructions.
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Appeal from Pettis Circuit Court. — Hon. George F. Longcm, Judge. (1) The court below held the defendants liable as. partners, explicitly stating so in its findings and instructions. The only allegation in the petition upon which this finding can be based, is the charge that they filed, articles of association, stating that the capital stock was full paid when in fact it was not full paid and the articles of incorporation were procured by false and fraudulent representations; So the -court found that the mere failure to pay the capital stock in full, when it. is so certified in the articles…
1Opinion of the CourtBroaddus, J.
The allegations of plaintiff’s petition are substantially as follows:
That defendants on the ninth day of June, 1899, filed certain articles of association of what was known as the Se dalia Electric and Heating Company, showing a capital stock of $100,000 divided into 1,000 shares of $100 each, purporting to be all subscribed for by defendants, and that the full amount of such capital stock had been paid, whereas no part thereof had then or has since, been paid; that afterwards on the eighteenth day *668of July, 1899, the defendants falsely and fraudulently represented to plaintiff that the entire…
2Cases cited3 opinions
- Loverin v. McLaughlinIllinois Supreme Court · 1896
- Cleaton v. EmeryMissouri Court of Appeals · 1892
- Davidson v. HobsonMissouri Court of Appeals · 1894
3Cited by6 opinions
- Booth v. ScottSupreme Court of Missouri · 1918
- McKee v. RuddSupreme Court of Missouri · 1909
- Scharbauer v. Lampasas CountyCourt of Appeals of Texas · 1919
- Webb v. RockefellerSupreme Court of Missouri · 1906
- Scharbauer v. Lampasas CountyTexas Commission of Appeals · 1921
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