Stanley v. Sedalia Transit Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) Tbe secretary of a corporation is not an”officer of general power- or authority. Hardware Co. v. Grocer Co., 64 Mo. App. 681; Clothing Co. v. Iron Works, 51 Mb. App. 73. (2) Service not made at the company’s office but made upon the secretary, or secretary and treasurer, the president not being found, is not good. Electric Co. v. Corby, 61 Mo.
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Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) Tbe secretary of a corporation is not an”officer of general power- or authority. Hardware Co. v. Grocer Co., 64 Mo. App. 681; Clothing Co. v. Iron Works, 51 Mb. App. 73. (2) Service not made at the company’s office but made upon the secretary, or secretary and treasurer, the president not being found, is not good. Electric Co. v. Corby, 61 Mo. App. 630; Land Co. v. Land Co., 187 Mo. 433. (3) The return of an officer upon process must be strictly construed. It is fair to infer everything against the sheriff’s return which its…
1Opinion of the CourtJohnson, J.
Plaintiffs recovered a judgment by default in the circuit court of Pettis county against the Sedalia Transit Company, a domestic corporation, and had execution issued and delivered to the sheriff who returned it unsatisfied. Plaintiffs then filed a ■motion as provided in section 985, Revised Statutes 1899, for an execution against H. S. Rumsey, a stockholder in the corporation, whose stock was not fully paid. Notice of this motion was duly served on Rumsey and he appeared. The court sustained the motion and ordered the execution as prayed. Rumsey appealed. It is conceded by both parties that…
2Cases cited4 opinions
- Blanton v. JamisonSupreme Court of Missouri · 1831
- Famous Shoe & Clothing Co. v. Eagle Iron WorksMissouri Court of Appeals · 1892
- Gate City Electric Co. v. CorbyMissouri Court of Appeals · 1895
- Simmons Hardware Co. v. Assigned Estate of Greely-Burnham Grocer Co.Missouri Court of Appeals · 1895
3Cited by6 opinions
- State Ex Rel. Boll v. WeinsteinSupreme Court of Missouri · 1956
- Litzinger v. Pulitzer Publishing CompanySupreme Court of Missouri · 1962
- C. Rallo Contracting Company v. BlongMissouri Court of Appeals · 1958
- Smith v. BennettMissouri Court of Appeals · 1971
- Bedell v. Richardson Lubricating Co.Court of Appeals of Kansas · 1919
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