Coquard v. Prendergast
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon Lekoy B. Valliant, Judge. Defendant Is not liable for interest on his unpaid subscription of stock, for two reasons ; namely, because no interest was demanded in the motion, and because the statute providing for this proceeding to recover the unpaid subscription of a stockholder authorizes the recovery only of the unpaid subscription of stock. Ashby v. Shaw, 82 Mo. 76; Shockey v. Fisher, 21 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon Lekoy B. Valliant, Judge. Defendant Is not liable for interest on his unpaid subscription of stock, for two reasons ; namely, because no interest was demanded in the motion, and because the statute providing for this proceeding to recover the unpaid subscription of a stockholder authorizes the recovery only of the unpaid subscription of stock. Ashby v. Shaw, 82 Mo. 76; Shockey v. Fisher, 21 Mo. App. 551; Hawkins ». Clenn, 131 U. S. 319. (1) As the motion, upon which this proceeding is based, is not made a part of the bill of exceptions,…
1Opinion of the CourtRombaueb, P. J.
This is a proceeding by motion under the statute (R. S. 1879, sec. 736), for execution against a stockholder, on the ground that there cannot be found any property or effects of the corporation whereon to levy the same. Upon the first trial of the motion the court declined to issue the execution, but upon appeal to this court its judgment was reversed, for reasons fully stated in our former opinion reported in 35 Mo. App. 237. Upon the last trial the court awarded an execution against the stockholder for the entire amount of the stock owned by him and unpaid, together with interest at the…
2Cases cited4 opinions
- Burr v. . WilcoxNew York Court of Appeals · 1860
- Munger v. JacobsonIllinois Supreme Court · 1881
- Cole v. ButlerSupreme Judicial Court of Maine · 1857
- Coquard v. PrendergastMissouri Court of Appeals · 1889
3Cited by1 opinion
- Millisack v. MooreMissouri Court of Appeals · 1898