Mudge v. Black, Sheridan & Wilson
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for tbe Eastern District of Missouri; David P. Dyer, Judge. Suit in equity by the Whitney-Kemmerer Company, a partnership, against the St. Pouis Blast Furnace Company and others. From a decree of distribution, Edwin W. Mudge, H. E. Brenneman, and Frank L. Perin, Colieu-Schwart¿ Rail & Steel Company, and W. H. Smollinger, doing business as the Iron Mountain Stock Farm, intervening creditors, appeal. Affirmed.
1Opinion of the Court
SANBORN, Circuit Judge.
[1] In Kemmerer v. St. Louis Blast Furnace Co., 212 Fed. 63, 128 C. C. A. 519, this court held that the pledge of the bonds of a Missouri corporation to secure an antecedent .debt without the receipt by the corporation of any consideration except the former consideration for the old debt and the extension of the time of payment of that debt was a violation of the provisions of the Constitution and statutes of Missouri which rendered the bonds void. Those provisions are: '
“No corporation shall issue stock or bonds, except for money paid, labor done or property actually…
2Cases cited13 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Hunter v. GaranfloSupreme Court of Missouri · 1912
- Berry v. RoodSupreme Court of Missouri · 1902
- Millis v. ThayerWisconsin Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- In re Progressive Wall Paper Corp.Court of Appeals for the Second Circuit · 1916
- PLANTERS'OPERATING CO. v. Commissioner of Int. RevenueCourt of Appeals for the Eighth Circuit · 1932
- Slupsky v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
- Abernathy v. Oklahoma ex rel. GoarCourt of Appeals for the Eighth Circuit · 1929
11 more not listed; retrieve them via the Exa API.