Legal Opinion

Neun v. Blackstone Building & Loan Ass'n

Supreme Court of Missouri

Decided March 30, 1899PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Plaintiffs are entitled to institute this proceeding for the benefit of the Blackstone Building & Loan Association and-its stockholders. Slattery v. Transfer Co., 91 Mo. 217; Albers v. Merchants Exchange, 45 Mo. App. 206; R. S. 1889, sec. 2513. (2) It was not necessary to make the receiver a party to this suit.

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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Plaintiffs are entitled to institute this proceeding for the benefit of the Blackstone Building & Loan Association and-its stockholders. Slattery v. Transfer Co., 91 Mo. 217; Albers v. Merchants Exchange, 45 Mo. App. 206; R. S. 1889, sec. 2513. (2) It was not necessary to make the receiver a party to this suit. Blair v. 111. Steel Co., 159 111. 359. (3) Judgment should not have been rendered against plaintiffs because of a defect of parties defendant. R. S. 1889, sec. 2099'; Butler v. Lawrence, 72 Mo. 227. (4) The…

1Opinion of the Court

MARSHALL, J".

This case comes here by appeal from a final judgment in favor of defendant upon demurrer to the petition. The petition is very voluminous, covering thirty-four printed pages. Boile'd down, the facts pleaded are these: The defendant association is a corporation, organized under article IX of chapter 42, R. S. 1889. "Walter E. McEntire, its president, and Henry Lindhorn, its secretary, are charged with making an agreement with the Lafayette Bank to lend the money of the bank to borrowers of the association, as if it was the association’s money, and with turning over the notes and…

2Cases cited8 opinions

  1. Krippendorf v. HydeSupreme Court of the United States · 1884
  2. Bates v. HamiltonSupreme Court of Missouri · 1898
  3. Hamilton v. McLeanSupreme Court of Missouri · 1897
  4. Blair v. Illinois Steel Co.Illinois Supreme Court · 1896
  5. Slattery v. St. Louis & New Orleans Transportation Co.Supreme Court of Missouri · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
  2. Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
  3. Colburn v. YantisSupreme Court of Missouri · 1903
  4. Ex Parte DevoyMissouri Court of Appeals · 1921
  5. Guilbert v. KessingerMissouri Court of Appeals · 1913

2 more not listed; retrieve them via the Exa API.

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