Shinkle v. Vickery
Supreme Court of Missouri
Appeal from St. Louis Oity Circuit Court. — Hon. Horatio D: Wood, Judge. (1) Under the pleadings and evidence it was error to dismiss the bill. .The utmost that defendant was entitled to under the answer and evidence was a decree, adding to the t$10,000 debt any damages suffered from Gibson’s breách of contract before plaintiff could have the stock certificate transferred to him.
Read the full summary
Appeal from St. Louis Oity Circuit Court. — Hon. Horatio D: Wood, Judge. (1) Under the pleadings and evidence it was error to dismiss the bill. .The utmost that defendant was entitled to under the answer and evidence was a decree, adding to the t$10,000 debt any damages suffered from Gibson’s breách of contract before plaintiff could have the stock certificate transferred to him. (2) This being an action for recovery of specific personal property, in its nature an equitable replevin, the only question that could be tried, in the absence of a money demand by plaintiff, was the right to the…
1Opinion of the Court
MARSHALL, J.- —
This is a bill in equity to compel the specific performance of a contract with respect to shares of stock in a private corporation.
Prior to July 16th, 1894, Russell B. Gibson and Albert H. Engel (in the undivided proportions of three-fourths and one-fourth, respectively) owned one hundred and twenty-seven and ninety-seven one hundredths acres of land in St. Louis county, and the defendant Yickery owned four hundred and seventy shares of the capital stock of the Hemingray Glass Company, of Covington, Hy., of the par value of one hundred dollars per share. Gibson and Yickery…
2Cases cited7 opinions
- Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
- Paris v. HaleySupreme Court of Missouri · 1875
- Glass v. RoweSupreme Court of Missouri · 1890
- Veth v. GierthSupreme Court of Missouri · 1887
- In re Ferguson's EstateSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- McMurry v. Kansas CitySupreme Court of Missouri · 1920
- State v. JordanSupreme Court of Missouri · 1924
- Davis v. StoufferMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.