McDermott v. Donegan
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. On the trial the court gave the following, with other instructions : “ 1. The amount of capital stock of a corporation fixed by the charter to be subscribed and paid in before the company is authorized to organize and proceed to business under such charter, is an essential condition to the enforcement of subscriptions to such stock; and unless the jury believe from the evidence that the amount of three hundred and fifty thousand dollars…
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Appeal from St. Louis Circuit Court. On the trial the court gave the following, with other instructions : “ 1. The amount of capital stock of a corporation fixed by the charter to be subscribed and paid in before the company is authorized to organize and proceed to business under such charter, is an essential condition to the enforcement of subscriptions to such stock; and unless the jury believe from the evidence that the amount of three hundred and fifty thousand dollars had been subscribed and paid in before the St.’ Louis, Cairo and Johnson-ville Packet Company proceeded to act under…
1Opinion of the CourtCurrier, Judge
Donegan is sought to be charged as garnishee of the St. Louis, Cairo and Johnsonville Packet Company, on the ground of an alleged indebtedness for an unpaid balance claimed to be due on his subscription to the capital stock of that company. He subscribed $2,000 of the stock, and paid $1,000, leaving a balance *89o£ $1,000 unpaid. The balance, the plaintiff, a creditor o£ the company, seeks to reach by this garnishment proceeding; but Donegan avers, as a reason why he should not be held to pay this balance, that his subscription for the stock was obtained fraudulently, by means of false…
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- Williams v. ScullinMissouri Court of Appeals · 1894
- Eastern Products Corporations v. Tennessee Coal, Iron & R.Tennessee Supreme Court · 1924
- Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
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