State v. Arthur Greenfield, 19145.

• Court: United States State Supreme Court of Missouri
• Citation: 205 S.W. 619
• Docket Number: No. 19145.,19145.
• Parties: STATE ex rel. LAY, Pros. Atty., v. ARTHUR GREENFIELD, Inc.
• Decision Date: 05 July 1918

205 S.W. 619

STATE ex rel. LAY, Pros. Atty., v. ARTHUR GREENFIELD, Inc.

No. 19145.

Supreme Court of Missouri, Division No. 1.

July 5, 1918.

Motion for Rehearing Denied September 16, 1918.

Appeal from Circuit Court, Cole County; J. G. Slate, Judge.

Action by the State, on relation of James H. Lay, Prosecuting Attorney of Cole County, against Arthur Greenfield, Incorporated. From a judgment for plaintiff, defendant appeals. Affirmed.

The state, at the relation of the prosecuting attorney of Cole county, brought this suit against the defendant to recover a forfeiture of $1,000 under the provisions of section 3040, R. S. 1909, for failure to comply with section 3039, R. S. 1909, requiring foreign corporations doing business in this state to file a copy of their charter, a statement of their capital, to take out a license, etc. The trial resulted in a judgment for the state for $1,000, and the defendant duly appealed the cause to this court.

The facts are undisputed, and are stated by counsel for the state in the following language:

"Defendant is a corporation for pecuniary profit formed in the state of New York, with a capital stock of $15,000, and it began business with a capital of $1,000. It was organized for the purpose of razing and improving buildings and general construction and to build fireproof ceilings, partitions, elevator, and dumb-waiter shafts, etc.

"About January, 1914, defendant entered into contract with the John Gill & Sons Co.. by the terms of which defendant agreed to erect, set in place, and completely finish in the state capitol building certain fireproof construction and reinforced concrete, for which it was to receive $120,000 upon completion of said work. The contract was not binding until approved by the State Capitol Commission Board at Jefferson City, Mo., and was approved by said board on March 20, 1916.

"The defendant came into Cole county, Mo., to do the work contracted for, employed a superintendent, erected an office, and proceeded to carry on its business in Cole county. The superintendent took charge of the office, employed the men necessary to do the work, agreed with them upon the price of their labor, kept an account for the corporation, and deposited money in the Central Missouri Trust Company at Jefferson City, on which he drew checks and pail the men that he employed. He kept books, plans, and specifications at the office at Jefferson City and paid the men at that place. The defendant employed between May, 1914, and the time this action was commenced, from 5 to 70 men on the job.

"The defendant ordered material from Kansas, Pennsylvania, and other places, to be shipped and used at Jefferson City, Mo., purchased the lumber necessary for the work from the Allee-Jordan Lumber Company at Jefferson City, Mo., and the evidence shows that defendant used in said work 8 or 9 car loads of reinforced iron and from 40 to 60 cars of cement and other material.

"The defendant maintained an office at Jefferson City, which was in charge of the superintendent and foreman, and where the business of the corporation...