Otterson v. Thompson Manufacturing Co.
Missouri Court of Appeals
Appeal from the Greene Circuit Court. The court erred in sustaining the application of Koch, Sons & Co. to be made parties defendant. Section 1993, Revised Statutes, 1889, is made for the benefit of the plaintiff. He may join, as parties defendant, those situated as stated in the statute, but a stranger cannot insist on being made a party defendant simply because his interest may be affected in some collateral way. Kortjohn v. Seimers, 29 Mo.
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Appeal from the Greene Circuit Court. The court erred in sustaining the application of Koch, Sons & Co. to be made parties defendant. Section 1993, Revised Statutes, 1889, is made for the benefit of the plaintiff. He may join, as parties defendant, those situated as stated in the statute, but a stranger cannot insist on being made a party defendant simply because his interest may be affected in some collateral way. Kortjohn v. Seimers, 29 Mo. App. 271; Boyer ». Hamilton, 21 Mo. App. 520. The plaintiff had a right to sue whom he pleased. The rights of Koch, Sons & Co., they not being parties,…
1Opinion of the CourtThompson, J.
This is a suit in equity, by a stockholder of the Thompson Manufacturing Company, against that corporation and its directors, to have his contract of subscription, and the notes given in settlement thereof, rescinded and canceled on the ground of fraud. The facts, detailed at length in his- petition, on which he predicates his right to relief, are very much the same as those shown by the evidence and detailed in the opinion of this court in the case of Wells v. Jones, 41 Mo. App. 1. On the day after the petition was filed J. C. Koch, J. V. Koch and F W. Horn (hereafter spoken of as…
2Cases cited1 opinion
- Wells v. JonesMissouri Court of Appeals · 1890