State v. Missouri Tie & Timber Co.

Decision Date11 May 1904
Citation181 Mo. 536,80 S.W. 933
CourtMissouri Supreme Court
PartiesSTATE v. MISSOURI TIE & TIMBER CO.

The defendant is a corporation duly incorporated under the laws of this state, and was at the time of the commission of the alleged offenses of which it was convicted engaged in the tie and timber business in Ripley county. It had, in connection with its timber business, a general supply store for the purpose of furnishing supplies to its employés. The information upon which this prosecution is based contained four counts, which, leaving off the formal parts, are as follows:

"Now comes Thomas F. Lane, prosecuting attorney within and for the county of Ripley, in the state of Missouri, and informs the court under his oath of office and upon his own information and belief: That the Missouri Tie and Timber Company is a corporation duly organized and existing under and by virtue of the laws of the state of Missouri, and was such during all the times mentioned in this information; that said defendant corporation, the Missouri Tie and Timber Company, and J. T. Henderson, its servant, agent, and officer, on the ____ day of December, 1901, at the said county of Ripley in the state of Missouri, did then and there unlawfully and wrongfully issue, pay out, and circulate, for the payment of wages for certain labor done and performed by one H. A. Sweeney for the Missouri Tie and Timber Company, a certain order, check, memorandum, token, evidence of indebtedness and obligation of the said Missouri Tie and Timber Company, which said order, check, coupon, memorandum, token, evidence of indebtedness and obligation so paid out and circulated for the payment of the wages of labor of the said H. A. Sweeney is described as follows:

                   "`Order for Merchandise, $5.00
                   "`To Missouri Tie & Timber Co
                   "`Acct. Order of H. A. Sweeney
                   "`O. K. T. W. Beauchamp
                     "`No. 1761C
                            "`Merchandise Order
                

"`Amounting to five dollars, at the store of Missouri Tie & Timber Co., upon conditions named on back of this book and made a part thereof.

"`Missouri Tie & Timber Co., please furnish myself or * * * goods at your store to the amount of $5.00 and charge same to my account as per coupons contained in this book. These coupons to be detached only by the authorized employés of the Missouri Tie & Timber Co. and if otherwise detached, to be worthless.

                  "`[Signed]           H. A. Sweeney.'
                

"Said order book, coupon, token, check, memorandum, evidence of indebtedness and obligation containing between the covers thereof, one hundred five-cent mercantile coupons, each of which is described as follows:

                   "`Mercantile Coupon 5 Cents.
                   "`Mo. Tie & Timber Co.
                     "`No. 1761C.'
                

"That said check, coupon, token, memorandum, evidence of indebtedness and obligation so paid out for the wages of labor as aforesaid by the said Missouri Tie & Timber Company and J. T. Henderson, as aforesaid, is not redeemable in lawful money of the United States at its face value. Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.

"Now comes Thomas F. Lane, prosecuting attorney within and for the county of Ripley in the state of Missouri, and informs the court under his oath of office, and upon his own information and belief: That the Missouri Tie and Timber Company is a corporation duly organized and existing under and by virtue of the laws of the state of Missouri, and was such during all the times mentioned in this information. That said defendant corporation, the Missouri Tie and Timber Company, and J. T. Henderson, its servant, agent, and officer, on the ____ day of Dec., 1901, at the said county of Ripley, in the state of Missouri, did then and there unlawfully and wrongfully issue, pay out, and circulate, for the payment of wages for certain labor done and performed by one E. H. Day for the said Missouri Tie and Timber Company, a certain order, check, memorandum, token, evidence of indebtedness and obligation of the said Missouri Tie and Timber Company, which said order, check, coupon, memorandum, token, evidence of indebtedness and obligation so paid out and circulated for the payment of the wages of labor of the said E. H. Day is described as follows, to wit:

                  "`Order for Merchandise, $5.00.
                  "`To Missouri Tie & Timber Co.
                  "`Acct. Order of E. H. Day.
                  "`O. K. T. W. Beauchamp.
                    "`No. 1810C.
                          "`Merchandise Order.
                

"`Amounting to five dollars, at the store of Missouri Tie & Timber Co., upon conditions named on back of this book and made a part hereof.

"`Missouri Tie & Timber Co., please furnish myself or * * * goods at your store to the amount of $5.00 and charge same to my account as per coupons contained in this book. These coupons to be detached only by the authorized employés of the Missouri Tie & Timber Co., and if otherwise detached, to be worthless.

                  "`[Signed]             E. H. Day.'
                

"Said order book, coupon, token, check, memorandum, evidence of indebtedness and obligation containing between the covers thereof one hundred five-cent mercantile coupons, each of which is described as follows:

                   "`Mercantile Coupon, 5 cents.
                   "`Mo. Tie & Timber Co.
                     "`No. 1801C.'
                

"That said check, coupon, token, memorandum, evidence of indebtedness and obligation, so paid out and circulated for the wages of labor as aforesaid by the said Missouri Tie and Timber Company, and J. T. Henderson, as aforesaid, is not redeemable in lawful money of the United States at its face value. Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.

"Now comes Thomas F. Lane, prosecuting attorney within and for the county of Ripley in the state of Missouri, under his oath of office and upon his own information and belief, and informs the court: That the Missouri Tie and Timber Company is a corporation organized and existing under and by virtue of the laws of the state of Missouri, and was such corporation during all the times mentioned in this information. That said defendants the Missouri Tie and Timber Company and J. T. Henderson, one of its servants, agents, and officers, on or about the 27th day of December, 1901, at the county of Ripley and state of Missouri did then and there unlawfully and wrongfully refuse and fail to redeem in lawful money of the United States a certain memorandum, token, order, check, obligation, and evidence of indebtedness, to wit, an order for merchandise on and to the said Missouri Tie and Timber Company in the form of a merchandise coupon check book to the amount of five dollars, which said coupon check book contained one hundred coupons, each for the sum of five cents; which merchandise coupon check book had theretofore been issued, paid out and put into circulation by the said Missouri Tie and Timber Company, indorsed by one T. W. Beauchamp, a servant and agent of said defendant corporation, and delivered to one H. A. Sweeney for the payment to him of wages for labor done and performed by the said H. A. Sweeney for and at the request of the said Missouri Tie and Timber Company. That said merchandise coupon check book was on the ____ day of December, 1901, by H. A. Sweeney, the owner thereof, for a valuable consideration, sold and delivered to W. A. Leach & Co., a firm composed of W. A. Leach and Jacob Hardcastle; that afterwards, to wit, on or about the 27th day of December, 1901, W. A. Leach, on behalf of the firm of W. A. Leach & Co., duly presented said merchandise coupon check book, heretofore described, to J. T. Henderson, servant, agent, and officer of the said Missouri Tie and Timber Company, at the usual place of business and general office of said Missouri Tie and Timber Company, in Ripley county, Missouri, during the business hours of said day, and demanded payment therefor in lawful money of the United States, which was then and there refused by the said J. T. Henderson, servant, agent, and general manager of the defendant Missouri Tie and Timber Company, as aforesaid; which said refusal and failure to redeem said merchandise coupon book in lawful money of the United States, as aforesaid, was contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.

"Now comes Thomas F. Lane, prosecuting attorney within and for the county of Ripley in the state of Missouri, under his oath of office and upon his own information and belief, and informs the court: That the Missouri Tie and Timber Company is a corporation duly organized and existing under and by virtue of the laws of the ...

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