Brinkerhoff Zinc Co. v. Boyd
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. (1) This record will be searched in vain for a consideration that induced the giving of the declaration of sale, except indebtedness that was dne Mr. Boyd for interest advanced months before.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. (1) This record will be searched in vain for a consideration that induced the giving of the declaration of sale, except indebtedness that was dne Mr. Boyd for interest advanced months before. This matter analyzed was simply the giving of a new direct obligation in a larger sum for the surrender of smaller obligations and as to the increased indebtedness thus resulting, the larger obligation is without consideration. Dickison v. Tunstall, 3 C. P. 128. Or expressing the same principles of law in another way, where the second…
1Opinion of the CourtValliant, J.
This is a suit in equity to cancel a transaction whereby the board of directors of the plaintiff corporation essayed to sell to defendant Boyd $12,000 of mortgage bonds issued by plaintiff, and to recover of Boyd and the trustee in the deed of trust a part of the proceeds of the foreclosure sale that is alleged in the amended petition to be in excess of the debt for which the bonds were hypothecated.
There is little if any dispute as to the material facts of the case.
The Brinkerhoff Zinc Company, the plaintiff herein, is a mining corporation in Lawrence county. Its total assets consisted of…
2Cited by6 opinions
- Hamilton v. Standard Oil Co. of IndianaSupreme Court of Missouri · 1929
- Holland Banking Co. v. Continental National BankSupreme Court of Missouri · 1929
- Santa Fe Hills Golf & Country Club v. Safehi Realty Co.Supreme Court of Missouri · 1961
- American National Assurance Co. v. RickettsCourt of Appeals of Kentucky (pre-1976) · 1929
- Western Industries, Inc. v. Vilter Manufacturing Co.Wisconsin Supreme Court · 1950
1 more not listed; retrieve them via the Exa API.