Haskell v. Sells
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Article VIII., of chapter 21, of the Revised Statutes of Missouri, went into effect on August 18, 1879. The appellant never became a stockholder. — Beach v. Smith, 30 N. Y. 116; Excelsior Go. v. Strayner, 25 Hun, 91. The signing of the memorandum sued on did not create the liability of a shareholder. — Thomp. on Liab. of Stock., sect. 105 ; Mudgett v. Howell, 33 Cal. 25. The alleged contract being repugnant to and…
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Appeal from the St. Louis Circuit Court, Adams, J. Article VIII., of chapter 21, of the Revised Statutes of Missouri, went into effect on August 18, 1879. The appellant never became a stockholder. — Beach v. Smith, 30 N. Y. 116; Excelsior Go. v. Strayner, 25 Hun, 91. The signing of the memorandum sued on did not create the liability of a shareholder. — Thomp. on Liab. of Stock., sect. 105 ; Mudgett v. Howell, 33 Cal. 25. The alleged contract being repugnant to and contravening a statute, can not be enforced. —. Barton v. Blank JR. Go., 17 Barb. 404; Seneca Bank v. JLarnb, 26 Barb. 601. The…
1Opinion of the CourtBakewell, J.
Under the rule of court permitting this to be done (Rule XII.), the parties have agreed to a statement of the cause of action, the defence, the evidence, the rulings of the trial court, and the exceptions saved, which, being accompanied by a certificate of the trial judge, is to be treated in this court as the record.
The statement is as follows : The plaintiff is the assignee *94of the Missouri Cotton Seed Oil Company. The plaintiff, as such assignee, brought his suit against the defendant, alleging, in substance, a contract on the part of defendant with his co-subscribers to take ten shares of…
2Cases cited8 opinions
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Comstock v. HowdMichigan Supreme Court · 1867
- Schaeffer v. Missouri Home InsuranceSupreme Court of Missouri · 1870
- Lionberger v. Broadway Savings BankMissouri Court of Appeals · 1881
- Schaeffer v. Phœnix Brewery Co.Missouri Court of Appeals · 1877
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3Cited by11 opinions
- State v. SchenkSupreme Court of Missouri · 1911
- Lincoln Shoe Manufacturing Co. v. SheldonNebraska Supreme Court · 1895
- Branch v. Augusta Glass WorksSupreme Court of Georgia · 1895
- Whittaker v. Mutual Life InsuranceMissouri Court of Appeals · 1908
- Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
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