Legal Opinion

Chouteau Spring Co. v. Harris

Supreme Court of Missouri

Decided January 15, 1855PublishedCited by 23 opinions

Appeal from Cooper Circuit Court. This was an action commenced before a justice of the peace-to recover the amount of an assessment made against Harris as a stockholder in the Chouteau Spring company, under the 12th. section of their charter. (Sess.

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Appeal from Cooper Circuit Court. This was an action commenced before a justice of the peace-to recover the amount of an assessment made against Harris as a stockholder in the Chouteau Spring company, under the 12th. section of their charter. (Sess. Acts, 1849, p. 168.) At the trial in the Circuit Court, upon appeal, it appeared in-evidence that in August, 1851, Marcus Williams assigned nine shares of stock to the defendant, on the books of the companyy and the treasurer issued a new stock certificate to the defendant. Afterwards, in October, 1852, the company being indebted to an amount…

1Opinion of the CourtLeonard, Judge

The question here is, in relation to the correctness of the direction given by the Circuit Court to the jury. The suit was to recover an assessment made on the defendant as a stockholder, pursuant to the twelfth section of the charter, (Sess. Acts, 1849, p. 168,) and the matter litigated at the trial, whether the defendant had so parted with his stock before the assessment as to relieve him from personal responsibility.

It seems to have been assumed in the Circuit Court, that the company’s right to recover depended on the fact that the defendant was the owner of the stock at the time the…

2Cases cited1 opinion

  1. Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813

3Cited by23 opinions

  1. Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
  2. Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
  3. In re KlausWisconsin Supreme Court · 1886
  4. Moore v. Bank of CommerceSupreme Court of Missouri · 1873
  5. Farmers' & Merchants' Bank v. WassonSupreme Court of Iowa · 1878

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