Legal Opinion

Business Men's Ass'n v. Williams

Missouri Court of Appeals

Decided May 11, 1909PublishedCited by 7 opinions

Appeal from Louisiana Court of Common Pleas. — Eon. David B. Eby, Judge. The agreement of September 2, 1905, pleaded and introduced in evidence as Exhibit 3, was not a subscription for shares of stock in any corporation, but was simply an informal or preliminary paper of subscription —such as is commonly signed as a part of the enterprise and zeal which gives birth to a corporation; but which the statute fails to recognize among the necessary and prescribed steps to be taken…

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Appeal from Louisiana Court of Common Pleas. — Eon. David B. Eby, Judge. The agreement of September 2, 1905, pleaded and introduced in evidence as Exhibit 3, was not a subscription for shares of stock in any corporation, but was simply an informal or preliminary paper of subscription —such as is commonly signed as a part of the enterprise and zeal which gives birth to a corporation; but which the statute fails to recognize among the necessary and prescribed steps to be taken by the incorporators to create a body corporate. It was nothing more than an informal or preliminary statement by the…

1Opinion of the CourtNortoni, J.

— This is a suit seeking to enforce the obligation of a stockholder in plaintiff corporation. Plaintiff recovered and the defendant appeals.

It appears that the defendant and a large number of other business men, citizens of the city of Louisiana, Missouri, had associated themselves together into a voluntary association known as the “Business Men’s Association.” The object and purpose of this voluntary association were to enhance the business interests of the city and induce important concerns to locate therein. This voluntary association received a proposition from the Wells-Fargo Shoe…

2Cases cited17 opinions

  1. Moss v. GreenSupreme Court of Missouri · 1867
  2. Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
  3. University of Des Moines v. LivingstonSupreme Court of Iowa · 1881
  4. International Fair & Exposition Ass'n v. WalkerMichigan Supreme Court · 1890
  5. Schaeffer v. Missouri Home InsuranceSupreme Court of Missouri · 1870

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3Cited by7 opinions

  1. Sherman v. ShaughnessyMissouri Court of Appeals · 1910
  2. De Giverville Land Co. v. ThompsonMissouri Court of Appeals · 1915
  3. Coleman Hotel Co. v. CrawfordTexas Commission of Appeals · 1928
  4. Commerce Trust Co. v. HettingerMissouri Court of Appeals · 1914
  5. Rogers v. YoderMissouri Court of Appeals · 1917

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