Scott v. Luehrmann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. ' (1) A creditor who has obtained a judgment against a corporation and a return of execution nulla bona may then proceed against the holders of unpaid stock. 10 Cyc. 725, 731; Shickle v. Watts, 94 Mo. 419; Meyer v. Min. & Mill. Co., 192 Mo. 162. (2) The judgment against the corporation is conclusive on the stockholder.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. ' (1) A creditor who has obtained a judgment against a corporation and a return of execution nulla bona may then proceed against the holders of unpaid stock. 10 Cyc. 725, 731; Shickle v. Watts, 94 Mo. 419; Meyer v. Min. & Mill. Co., 192 Mo. 162. (2) The judgment against the corporation is conclusive on the stockholder. Nichols v. Stevens, 123 Mo. 96; Johnson v. StebbinsThompson Realty Co., 177 Mo. 581. (3) If the holder of the stock be an assignee thereof and took it with notice that it had been paid up in property, then…
1Opinion of the CourtBond, C. J.
The petition alleges that plaintiffs recovered judgment against the Parkview Realty & Improvement Company on July 8, 1912, for $117,303.35. This judgment was the consummation of litigation between said parties, heard twice on appeal in this court (241 Mo. 112; 255 Mo. 76).
The petition further states that returns nulla bona were made on two executions under said judgment; that the corporate defendant in said judgment is wholly insolvent, except the amount due to it from subscribers to its stock who have obtained the same without payment therefor The plan of the incorporation of the *644company is…
Also in this document: Per curiam.
2Cases cited5 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
- Newham v. KentonSupreme Court of Missouri · 1883
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1914
- Biggs v. WestenSupreme Court of Missouri · 1913
3Cited by1 opinion
- Scott v. BartonSupreme Court of Missouri · 1920