Metropolitan Lead & Zinc Mining Co. v. Webster
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Ho». Hugh Dabbs, Judge. (1) The answer of defendant alleged, and the undisputed proof conclusively established, that defendant was induced to sign the subscription for stock by fraudulent misrepresentations as to the leases and property which belonged to the company, this suit being by the pretended corporation and the rights of no creditors being involved.
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Appeal from Jasper Circuit Court. — Ho». Hugh Dabbs, Judge. (1) The answer of defendant alleged, and the undisputed proof conclusively established, that defendant was induced to sign the subscription for stock by fraudulent misrepresentations as to the leases and property which belonged to the company, this suit being by the pretended corporation and the rights of no creditors being involved. Where a subscription to corporate stock has been procured by fraudulent misrepresentations, the contract is void, and the subscriber may even recover back what he paid, the creditors taking no part in…
1Opinion of the CourtBrace, P. J.
— This is an appeal by the defendant from an order of the Jasper Circuit Court granting a new trial in an action for the recovery of an alleged unpaid subscription to the capital stock of the plaintiff company, in which the verdict was for the defendant.
The petition and answer in the case are as follows:
PETITION. '
“Plaintiff for cause of action states that it is a corporation organized and existing under and by virtue of the laws of the State of Missouri. That the above-named defendant was one of the original incorporators, and a member of the first board of directors of this plaintiff. That…
2Cases cited6 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Herndon v. LewisSupreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Metropolitan Paving Co. v. Brown-Crummer Investment Co.Supreme Court of Missouri · 1925
- Lindsay v. ShanerSupreme Court of Missouri · 1921
17 more not listed; retrieve them via the Exa API.