Simmons v. Ellis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay. J. Defendant having tried to work a fraud on the statute, is estopped to claim that he did not succeed in doing so. — Lowell on Transfer of Stock, p. 88; Lindley on Partn., vol. I., p. 128 (top) ed.
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Appeal from the St. Louis Circuit Court, Barclay. J. Defendant having tried to work a fraud on the statute, is estopped to claim that he did not succeed in doing so. — Lowell on Transfer of Stock, p. 88; Lindley on Partn., vol. I., p. 128 (top) ed. Ewell; Taylor v. Taylor, L. R. 10 Eq. 477; Bowden v. Johnson, 107 U. S. 261; Thompson on Stockholders, sect. 129 p. 150. The fact that the stock was not transferred on the books of the bank to the defendant, either as administrator or distributee is, of course, immaterial. — Qoquard v. Marshall, 14 Mo. App. 80; Boeder v. Knoebel, 12 Mo. App. 587.…
1Opinion of the CourtLewis, P. J.
Nicholas Ellis, who died in 1878, was a stockholder in the Butchers and Drovers Bank, owning ten shares upon which $50 per share remained unpaid. His son, the present defendant, administered on the estate, under letters dated March 6, 187g. The.bank had failed in 1877, and the administrator refused to inventory the stock on the ground that it was not an asset, but might become a liability. He made his final settlement in July, 1880, and under the order of distribution received $1,500 as a distributee. On April- 7, 1881, the plaintiff’s intestate, Robert Tucker, obtained a judgment against the…
2Cases cited2 opinions
- Sherwood's Administrator v. HillSupreme Court of Missouri · 1857
- Cummings v. WrightMissouri Court of Appeals · 1882
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- Bedenbaugh v. LawrenceSupreme Court of Florida · 1940