Ready v. Smith
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Eield, Judge. (1) The remedy provided by section 2835, Revised Statutes 1889 (sec. 984, revision of 1879), is exclusive, and the only remedy the plaintiff could pursue for his alleged grievances, if he has any, must be under the statute. Tyree v. Bingham, 100 Mo. 457; Thompson v. Greeley, 107 Mo. 580; Gill v. Balis, 72 Mo. 429; Slattery v. Tram. Co.", 91 Mo. 217; Sanborn v. Doe, 28 Pac.
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Appeal from Pettis Circuit Court. — Hon. Richard Eield, Judge. (1) The remedy provided by section 2835, Revised Statutes 1889 (sec. 984, revision of 1879), is exclusive, and the only remedy the plaintiff could pursue for his alleged grievances, if he has any, must be under the statute. Tyree v. Bingham, 100 Mo. 457; Thompson v. Greeley, 107 Mo. 580; Gill v. Balis, 72 Mo. 429; Slattery v. Tram. Co.", 91 Mo. 217; Sanborn v. Doe, 28 Pac. Rep. 105. (2) The plaintiff can not maintain this action because the right of action for the alleged wrong belongs to the corporation itself, the university…
1Opinion of the CourtHantt, P. J.
— A suit in equity was commenced by the plaintiffs in the circuit court of Pettis county to compel the defendant Smith to account to plaintiffs as creditors of the Sedalia University Company for certain moneys therein alleged to have been fraudulently obtained by him out of certain real estate in which the said university had an equity. In due time Messrs. *308Smith and Hinsdale answered and denied- all charges of fraud and pleaded other facts to justify them in all they did iri connection with said lands. Among other defenses it was insisted that plaintiffs were not the proper parties to…
2Cases cited9 opinions
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- West v. McMullenSupreme Court of Missouri · 1892
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Bates County v. SmithSupreme Court of Missouri · 1877
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3Cited by3 opinions
- Francisco v. Chicago & A. R.Court of Appeals for the Eighth Circuit · 1906
- Coatney v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1899
- State ex rel. Wendling v. ArnoldMissouri Court of Appeals · 1917