Schricker v. Ridings
Supreme Court of Missouri
Appeal from Johnson Circuit Court. The plaintiffs claim that by a literal interpretation of the phraseology, “ but in no case shall any stockholder be individually liable in any amount over or above the amount of the stock owned by him,” an'individual liability is imposed on defendant, without reference to his having paid up his stock, of an amount equal to the amount of his stock; that this amendment abolished the double liability only as to any unpaid balance on the stock.
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Appeal from Johnson Circuit Court. The plaintiffs claim that by a literal interpretation of the phraseology, “ but in no case shall any stockholder be individually liable in any amount over or above the amount of the stock owned by him,” an'individual liability is imposed on defendant, without reference to his having paid up his stock, of an amount equal to the amount of his stock; that this amendment abolished the double liability only as to any unpaid balance on the stock. Such an interpretation is more ingenious than sensible. The singlei liability of a stockholder embraces the amount of…
1Opinion of the CourtHough, J.
At the June term, 1874, of the Johnson circuit court, the plaintiffs recovered judgment against the Warrensburg and Marshall Railroad Company for the sum of $5,788.96. In July of the same year an execution, issued upon said judgment, was duly returned nulla bona. Thereupon the plaintiffs, in pursuance of section thirteen of the general statutes in relation to corporations, applied to the *214circuit court for an execution against tile défendant, who was a stockholder in said railroad, for an amount equal to the amount of stock by him owned, together with any amount unpaid thereon. It was admitted…
2Cases cited1 opinion
- Ochiltree v. Iowa Railroad Contracting Co.Supreme Court of Missouri · 1873
3Cited by12 opinions
- Zang v. WyantSupreme Court of Colorado · 1898
- Skrainka v. AllenSupreme Court of Missouri · 1882
- Wall v. Basin Mining Co.Idaho Supreme Court · 1909
- State ex rel. Eagle Oil Co. v. TillmanMissouri Court of Appeals · 1986
- Weede v. Emma Copper Co.Utah Supreme Court · 1921
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