Pitman v. Ball
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Hugh Dabbs, Judge. (1) The right of a creditor to enforce the liability of a stockholder under section 987 accrues at the majority of the claim against the corporation from which time the Statutes of Limitations begins to run. Mc-Ginnis v. Barnes, 23 Mo. App. 413; McGinnis y. Kort-kamp, 24 Mo.
Read the full summary
Appeal from Jasper Circuit Court. — Eon. Hugh Dabbs, Judge. (1) The right of a creditor to enforce the liability of a stockholder under section 987 accrues at the majority of the claim against the corporation from which time the Statutes of Limitations begins to run. Mc-Ginnis v. Barnes, 23 Mo. App. 413; McGinnis y. Kort-kamp, 24 Mo. App. 378. (2) A judgment is a single and indivisible cause of action, and. where plaintiff is not entitled to recover against defendant one part of the indebtedness included in the judgment, he can not recover the whole or any part of the judgment. Black on…
1Opinion of the CourtCox, J.
Defendant assigns as error the action of the court in excluding certain testimony. That the finding of the court is contrary to the evidence under the law, and the refusal of the court to give one instruction asked by defendant.
1. The contention of defendant is that his stock in the corporation was fully paid up. That his interest in the mining lease at the time the corporation was formed had an actual value equal to or in excess of the face of his stock, $12,500. At the trial, defendant offered to prove that in the latter part of 1903 or the early part of 1904, the parties who at that time,…
2Cases cited2 opinions
- McGinnis v. BarnesMissouri Court of Appeals · 1886
- McGinnis v. KortkampMissouri Court of Appeals · 1887
3Cited by3 opinions
- Berry v. Federal Kemper Insurance Co.Missouri Court of Appeals · 1981
- Seguin v. PlanoWashington Supreme Court · 1931
- Eighme v. Indiana, Bloomington & Western RailroadMissouri Court of Appeals · 1923