Berthold v. Holladay-Klotz Land & Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Tbe respondents mistook their remedy, and should have proceeded against the estate of H. N. Holladay, who was the director of the H. N. Holladay Lumber and Mercantile Company, who appropriated the property of that concern.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Tbe respondents mistook their remedy, and should have proceeded against the estate of H. N. Holladay, who was the director of the H. N. Holladay Lumber and Mercantile Company, who appropriated the property of that concern. R. S. 1899, sec. 1338; Hickman v. City of Kansas, 120 Mo. 110. (2) The doctrine of equity operative for the benefit of creditors of a corporation which is merged in another corporation, or which distributes its assets, among its stockholders, without first having paid its first debts, or which…
1Opinion of the CourtGoode, J.
— Plaintiffs instituted an action in the circuit court of the city of St. Louis on the twenty-fourth day of August, 1895, against the H. N. Holladay Lumber and Mercantile Company, on an account, and recovered judgment in said cause thereafter on the sixth day of March, 1899, for two thousand six hundred and eighty-three dollars and sevéntynine cents for their debt and six hundred and twenty-eight dollars and sixty-two cents for costs. Afterwards, two executions were issued on said judgment and returned milla bona. Thereupon the plaintiffs began the present suit in the nature of a creditor’s…
2Cases cited12 opinions
- Grenell v. Detroit Gas Co.Michigan Supreme Court · 1897
- Thompson v. AbbottSupreme Court of Missouri · 1875
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- Chicago, Milwaukee & St. Paul Railway Co. v. Third National Bank of ChicagoSupreme Court of the United States · 1890
- Woodward v. WoodwardSupreme Court of Missouri · 1899
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3Cited by19 opinions
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Collinsville Nat. Bank v. EsauSupreme Court of Oklahoma · 1918
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Skirvin Operating Co. v. Southwestern Electric Co.Supreme Court of Oklahoma · 1918
- American Railway Express Co. v. DowningSupreme Court of Virginia · 1922
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