Pacific Movement of the Eastern World v. Wright

• Decision Date: 07 June 1938
• Docket Number: No. 24567.,24567.
• Citation: 117 S.W.2d 647
• Parties: PACIFIC MOVEMENT OF THE EASTERN WORLD v. WRIGHT et al.
• Court: Missouri Court of Appeals

117 S.W.2d 647

PACIFIC MOVEMENT OF THE EASTERN WORLD v. WRIGHT et al.

No. 24567.

St. Louis Court of Appeals. Missouri.

June 7, 1938.

Appeal from St. Louis Circuit Court; John W. Joynt, Judge.

"Not to be published in State Reports."

Suit by the Pacific Movement of the Eastern World against T. W. Wright and others to enjoin the defendants from arrogating to themselves the rights and privileges of the corporation by calling meetings and raising money and acting as officials of the corporation, when, in fact, they were suspended members. From an adverse judgment, the defendants appeal.

Affirmed.

D. T. Lawson, of St. Louis, for appellants.

McLemore, Witherspoon & Lucas, of St. Louis, for respondent.

HOSTETTER, Presiding Judge.

The plaintiff is a corporation organized under the provisions of Article 10, Chapter 32, of the Revised Statutes of Missouri for the year 1929, Mo.St.Ann. § 4996 et seq., p. 2288 et seq. Its membership is composed of colored persons having 5 units in St. Louis, with a membership of about 3000, and 321 units throughout various states of the Union, with a total membership of around one million.

The object and purpose of the corporation, according to its Articles of Agreement is stated as follows:

"The Association is formed for the following purposes: For benevolent, religious, scientific, fraternal, beneficial and educational purposes, towit: Universal brotherhood and peace; promotion of understanding and friendship of all peoples of the world; preservation and protection of the legal rights of the oppressed races; self-determination of every race; reforms through constitutional methods; preservation of the territorial integrity and political independence of every country; cultivation of the spirit of love for the ancestral homes of dark peoples; the encouragement for the return of those peoples who find no opportunity for development in the U. S.; and the establishment of a government of their own in the land of their fathers. The Association is not formed for pecuniary gain or profit of any kind."

This is a suit in equity originating in the circuit court of the city of St. Louis during the month of June, 1936, by the filing of a petition asking for a restraining order and an injunction against the defendants, alleging that they were arrogating to themselves the rights and privileges of the corporation by calling meetings and raising money and acting as officials of the corporation, when, in fact, they were suspended members, resulting in great damage to the corporation and thwarting the accomplishment of its benevolent purposes.

The case was heard in the circuit court in September, 1936, and at the conclusion of all the testimony the court rendered the following decree:

"This cause having come on regularly for trial on the 29th day of September, 1936, in Division No. 2, of the Circuit Court of the City of St. Louis, Missouri, the plaintiff appearing by counsel and in its own behalf in its own proper person and the defendants appearing by counsel and in their own behalf the issues were joined and testimony heard; and the same continued to September 30th, 1936, at which time testimony was completed and exhibits introduced, and the case being taken as submitted by the Court and having duly considered the same, and being fully advised in the premises, the Court doth find the issues herein joined in favor of plaintiff and against the defendants, T. W. Wright, Robert Thomas, J. M. Buckner, Walter Tobias, Mrs. E. P. Munn, and William A. Cole; and doth find that the Pacific Movement of the Eastern World is a Corporation and D. D. Erwin is the duly elected and acting President; and the Court doth find that the defendants have attempted to use the name of the plaintiff corporation wrongfully; and said defendants have arrogated to themselves the rights and privileges of the plaintiff corporation delaying and embarrassing the officers of the corporation in the performance of their duties; the Court doth find that the defendants have called meetings and attempted to raise monies in the corporation name alleging that the association was sponsoring such meetings and visited various members and Units informing them that they were officers of the plaintiff corporation, and the Court further finds that the defendants have published bulletins, erroneously setting forth that they are officers of the association; but that said defendants are not officers of the plaintiff corporation and that such actions, conduct, and words bring the association into disrepute and inflicts irreparable damages upon the association and its members.

"Therefore, it is by this Court, adjudged and decreed that defendants, T. W. Wright, Robert Thomas, J. M. Buckner, Walter Tobias, Mrs. E. P. Munn, and William A. Cole, be and they are hereby perpetually restrained and enjoined from using the name or holding themselves out to be the Pacific Movement of the Eastern World, Incorporated, or asserting or publishing that they are officers of this corporation or interfering with the plaintiff in its activities, or having any others do such things on defendants' behalf.

"And, it is further ordered and agreed by the Court that said defendants pay the costs of this action; and that execution issue therefor."

The defendants in due time filed their motion for a new trial, which consisted of twenty-two grounds, which motion being overruled, the defendants in due course bring the cause to this court by appeal for review.

It appears from the testimony that Mr. Walter...