Rogers v. Stag Mining Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One.- — Son. Joseph D. Perkins, Judge. (1) Tlie judgment of plaintiff is a “due” and a “debt” within the meaning of the Constitution a,nd Statutes of this State making subscribers to the capital stock of corporations liable to its creditors, upon insolvency of the corporation-, for the difference between the reasonable value of the property received and accepted by the corporation in payment of its capital stock and…
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Appeal from Jasper County Circuit Court, Division Number One.- — Son. Joseph D. Perkins, Judge. (1) Tlie judgment of plaintiff is a “due” and a “debt” within the meaning of the Constitution a,nd Statutes of this State making subscribers to the capital stock of corporations liable to its creditors, upon insolvency of the corporation-, for the difference between the reasonable value of the property received and accepted by the corporation in payment of its capital stock and the par value of said stock. Rider v. Fritchie, 15 L. R. A. 513; Flenniken v. Marshall, 28 L. R. A. 402; Powell v.…
1Opinion of the CourtSturgts, J.
This is a suit to enforce against defendants Yoder and Larkin, as original stockholders in the defendant Stag Mining Company, a corporation, the collection of an unsatisfied' judgment against that corporation. A demurrer to the petition -was sustained.
The matexial facts admitted by the demurrer are these: That the clefendaxxt Stag Mining Company is *663a Missouri corporation having a capital stock of $48000; that plaintiff obtained a judgment against it for negligence resulting in the death of her husband; that an execution was issued thereon'and returned not satisfied, the defendant corporation…
2Cases cited25 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Chase v. CurtisSupreme Court of the United States · 1885
- Ward v. JoslinSupreme Court of the United States · 1902
- Schrader v. Manufacturers' Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
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3Cited by5 opinions
- Gaskins v. BonfilsDistrict Court, D. Colorado · 1933
- Yardley v. Caruthersville Motor Co.Missouri Court of Appeals · 1931
- Johansen v. St. Louis Union Trust Co.Supreme Court of Missouri · 1939
- Livingston v. AdamsMissouri Court of Appeals · 1931
- Rogers v. YoderMissouri Court of Appeals · 1917