Perry v. Price
| Decision Date | 30 November 1826 |
| Citation | Perry v. Price, 1 Mo. 664 (Mo. 1826) |
| Court | Missouri Supreme Court |
| Parties | PERRY v. PRICE. |
ON PETITION FOR RE-HEARING.
It is contended by Price's counsel, that the authority in Shepherd's Touchstone, 57, has been misunderstood. The words of the author are, that a corporation may seal a deed by any other seal than their common seal, and the deed is never the worse. We understand this rule to mean, that when any seal is used, it must still be proved to have been adopted by the corporation. If the common seal is used, it must be proved by a corporate act to be the common seal; if another than the common seal is used, it must first be proved that the corporation in council agreed and ordered such seal to be used in that particular instance, and then it must be proved, that the officer, whose duty it may be to affix the seal, did do so. When this is done, then only is it true, that a corporation may make a deed by any other seal than the common seal. Those things do not exist in this case, nor does the approbation of seven directors afterwards, ratifying the execution of the writing, as they call it, make the matter any better. They only ratify the execution of the writing. This ratification does not make the instrument a...
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Brown v. Cohn
...v. Rutland & W. R. Co., 30 Vt. 160;Jackson v. Walsh, 3 Johns. 226;Decker v. Freeman, 3 Greenl. 338;Vilas v. Reynolds, 6 Wis. 214;Perry v. Price, 1 Mo. 664;Eagle Woolen Mills Co. v. Monteith, 2 Or. 285;Chouquette v. Barada, 28 Mo. 491; Hickman v. Boffman, Hardin, 356; Railroad Co. v. Stimpso......
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Rabinovich v. Liberty Morrocco Co.
...Courtney, 5 Pet. 343, 350, 8 L.Ed. 140; McCaulley v. Jenney, 5 Houst. (Del. 1875) 32; 1 Clark and Marshall on Corporations, § 192; Perry v. Price, 1 Mo. 664: Mitchell v. St. Andrews Bay Land Co., 4 Fla. We do not think these authorities are particularly in point, but even if they are, it wi......
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Rabinovich v. Liberty Morocco Co.
... ... 319, 5 Pet. 343, 350, 8 L.Ed ... 140; McCaulley v. Jenney, 5 Houst. (Del ... 1875) 32; 1 Clark and Marshall on ... Corporations, § 192; Perry v. Price, 1 Mo ... 664; Mitchell v. St. Andrew's Bay Land Co., 4 ... Fla. 200 ... We do ... not think these authorities are ... ...
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Littelle v. Creek Lumber Co.
...the rule at common law that a private corporation could not convey its real estate, except under its corporate seal. In Perry v. Price, 1 Mo. 664, 14 Am. Dec. 316, the court said: "Those things do not exist in this nor does the approbation of seven directors afterwards, ratifying the execut......