Legal Opinion

State Savings Ass'n v. Kellogg

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 10 opinions

Appeal from St. Louis Circuit Court. cited in argument: Garrison vs. Howe, 17 N. Y. 458 ; Butler vs. Cole, 43 Me. 40 L; Rev. Stat., Me., 1857, 328, §§ 24, 25 ; Ingalls vs. Cole, 47 Me. 541; Ang. & Am.

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Appeal from St. Louis Circuit Court. cited in argument: Garrison vs. Howe, 17 N. Y. 458 ; Butler vs. Cole, 43 Me. 40 L; Rev. Stat., Me., 1857, 328, §§ 24, 25 ; Ingalls vs. Cole, 47 Me. 541; Ang. & Am. Corp. [9 ed.], pp. 607-609, et seq. contended that Cole vs. Butler (42 Me. 403) and Ingalls vs. Cole (47 Me. 530) were made under statutes differing essentially from the statutes of Missouri, and afforded no evidence that the conclusions claimed by appellant would be reached even by that court under our statutes and system of law, and that the measure of the stockholder’s liability was settled…

1Opinion of the CourtNapton, Judge

This suit was brought in 1869, against the defendants, as stockholders of a private corporation called the Southwestern Freight and Cotton Press Company, incorporated under the general corporation law of 1865.

The petition averred an indebtedness of the corporation to the plaintiff, growing out of certain bills of exchange drawn by said company, and negotiated by said company with plaintiff, amounting to upwards of eight thousand dollars, and that the company was totally insolvent and bankrupt in June 1869, and had been so adjudged in a proceeding in bankruptcy before the district court of the…

2Cases cited3 opinions

  1. Perry v. TurnerSupreme Court of Missouri · 1874
  2. Cole v. ButlerSupreme Judicial Court of Maine · 1857
  3. Ingalls v. ColeSupreme Judicial Court of Maine · 1860

3Cited by10 opinions

  1. Savings Ass'n of St. Louis v. O'BrienNew York Supreme Court · 1889
  2. Scott v. BartonSupreme Court of Missouri · 1920
  3. Manville v. RoeverMissouri Court of Appeals · 1881
  4. Schneider v. JohnsonMissouri Court of Appeals · 1912
  5. Richards v. BriceNew York Court of Common Pleas · 1889

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