Section 14.7 Private Corporations

• Library: App Ct Prac 2015 Supp

b. (§14.7) Private Corporations

As to private corporations, quo warranto will lie to question the validity of their organization, State on inf. Huffman v. Sho-Me Power Co-op., 191 S.W.2d 971 (Mo. banc 1946), and to inquire into the exercise of certain powers. The action lies to oust from the right to exercise certain powers not legally possessed and still leave the corporation undisturbed in its right to exercise powers that are legally possessed. See State ex inf. McKittrick v. Am. Colony Ins. Co., 80 S.W.2d 876 (Mo. banc 1934); State ex inf. Miller v. St Louis Union Trust Co., 74 S.W.2d 348 (Mo. banc 1934); State ex rel. Barrett v. First Nat. Bank of St. Louis, 249 S.W. 619 (Mo. banc 1923).

The proceeding may also be used to test the right of a corporate director to hold office. Hall v. Hall, 506 S.W.2d 42 (Mo. App. W.D. 1974). Likewise, quo warranto may be used to determine whether the charter or franchise of a private corporation has been forfeited because of misuse and misconduct because of...