Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 82
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...the law requires this one-half payment as a condition of incorporation. The chain of conveyances for the transfer of this alleged property is each void on its face. The subject matter thereof and the covenants therein were not vendible or subject to such transfer. Case of Skinner 1: . Oakes, 6 Ct. of App. 45. (4) C. Maguire was a bankrupt and could not make the transfe1'. John G. Chandler for respondents. (1) The state asked no instructions and none were given for thedefendants. The finding of facts was for defendant and no point of law was saved for review by the appellate court. Quo warranto proceedings are strictly at law, and, therefore, can only be reviewed according to the methods of the common law. High on Ex. Rem., sec. 619;State 1;. Vail, 53 Mo. 97; Slate 2;. Townsley, 56 Mo. 107. (2) If the statute could be construed (which it cannot) as directing one-half of the stock to be paid in lawful money of the United States, it would in that particular be directory only and not mandatory. Sedgwick on Stat. and Cons. Law, 368, 369, 370, 377, 378, 380; Cape Girardeaa '0. Riley, 52 Mo. 424; West 2: . Ross, 53 Mo. 350; St. Louis, etc., v. Sparks, 10 Mo. 177; Slate '0. Howard, 41 Mo. 247; Slate '0. Jlluir, 20 Mo. 303; Hicks '0. Ohouteau, 12 Mo. 341; Price '0. Woo(lf'0rd, 43 Mo. 247. (3) Payment of fifty per cent. of the stock in money was not a condition precedent to the formation of the corporation. R. S., secs. 926, 977, 928, 708; Liebke 22. Ifnapp, 79 Mo. 22. (4) If payment of fifty per cent. of the stock was a condition precedent to the formation of the corporation, the condition was substantially complied with and no more than this was necessary. People o. Turnpike Co., 23 Wend. 193; Thompson 2: . People, 23 lVend. 537; Livingston 22....
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- 13 Sep 2013
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