Legal Opinion

Van Cleve v. Berkey

Supreme Court of Missouri

Decided March 1, 1898PublishedCited by 47 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. . (1) The decree in this case is based upon the dictum of the Supreme Court in the case of Shickle v. Watts, 94 Mo. 417, that the court has the right to inquire into the sale and transfer of the property-received by a corporation for its stock, whether such sale and transfer is fraudulent or not; which decision has been overruled by the Supreme Court.

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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. . (1) The decree in this case is based upon the dictum of the Supreme Court in the case of Shickle v. Watts, 94 Mo. 417, that the court has the right to inquire into the sale and transfer of the property-received by a corporation for its stock, whether such sale and transfer is fraudulent or not; which decision has been overruled by the Supreme Court. Woolfolk v. January, 131 Mo. 620. (2) The transaction between the original stockholders and the corporation, whereby the corporation acquired the right to the invention of…

1Opinion of the CourtBbace, J.

This is a proceeding in equity in behalf of various judgment creditors of the Braun Machine Manufacturing Company against that company and the other defendants who are stockholders therein, whereby it is sought to charge the individual defendants, as the owners of unpaid stock in said corporation, with a sum sufficient to pay the several judgments of the plaintiffs remaining unpaid.

The corporation was formed under the laws of the State of Illinois, and was to have a capital of $100,000 which was subscribed by the parties in interest as follows :

William E.…

2Cases cited55 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Scovill v. ThayerSupreme Court of the United States · 1882
  3. Sanger v. UptonSupreme Court of the United States · 1875
  4. Sawyer v. HoagSupreme Court of the United States · 1873
  5. Hawkins v. GlennSupreme Court of the United States · 1889

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3Cited by47 opinions

  1. Scott v. AbbottCourt of Appeals for the Eighth Circuit · 1908
  2. Coleman v. HageySupreme Court of Missouri · 1913
  3. O'bear-Nester Glass Co. v. Antiexplo Co.Texas Supreme Court · 1908
  4. Brockett v. Winkle Terra Cotta Co.Court of Appeals for the Eighth Circuit · 1936
  5. Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916

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