Shockley v. Fischer
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. Noah M. Givan, Judge. The case is stated in the opinion. I. The verdict is unjust and not justified upon the merits and law of the case. An action of this kind is founded upon contract. The contract, in this instance, should be the subscription list, but it is not given in evidence, nor is it accounted for as lost, or a certified copy introduced in its stead. 1 Wag. Stat., sect. 2, p. 333. II.
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Appeal from Cole Circuit Court, Hon. Noah M. Givan, Judge. The case is stated in the opinion. I. The verdict is unjust and not justified upon the merits and law of the case. An action of this kind is founded upon contract. The contract, in this instance, should be the subscription list, but it is not given in evidence, nor is it accounted for as lost, or a certified copy introduced in its stead. 1 Wag. Stat., sect. 2, p. 333. II. The demurrer to the evidence should have been sustained. The only evidence was the minutes of the board of directors, and evidence that Fischer attended the meetings…
1Opinion of the CourtEllison, J.
— Plaintiff is assignee of the Jefferson City Agricultural Works, and, as such, sued defendants intestate, S. L. Fischer, for unpaid subscription to the stock of said corporation.
The assignment was originally to plaintiff and one *555White who, after performing some preliminary work under his appointment did, not give bond as provided by statute, and thenceforward disclaimed to be an assignee- or to exercise any authority as such. S. L. Fischer died during the pendency of the action and the present defendant came into court and answered.
There was a demurrer to the petition, which was sustained,…
2Cases cited3 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Shockley v. FisherSupreme Court of Missouri · 1882
- People ex rel. Bradley v. StephensNew York Supreme Court · 1866
3Cited by10 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Van Riper & Rogers v. MortonMissouri Court of Appeals · 1895
- Young v. YoungSupreme Court of Iowa · 1917
- Farrell v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1896
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