Schierenberg v. Stephens
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The plaintiff subscribed for twenty shares of the proposed increase of stock, and without waiting until the entire amount was taken, or to see what the future action of the association might be, voluntarily paid the sum subscribed by him, and permitted the bank to hold out the money so.paid as part of its assets, and constituting part of its capital stock.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The plaintiff subscribed for twenty shares of the proposed increase of stock, and without waiting until the entire amount was taken, or to see what the future action of the association might be, voluntarily paid the sum subscribed by him, and permitted the bank to hold out the money so.paid as part of its assets, and constituting part of its capital stock. If there had been an express condition in the subscription, ■ that it should not be valid until the entire amount of the increase was taken, this action upon…
1Opinion of the CourtRombauer, P. J.
The only error assigned on this appeal is that the trial court erred in sustaining a demurrer to certain parts of the defendant’s answer; it is therefore essential, in reviewing the propriety of the action of the court, to set out in full such parts of the pleadings as bear upon that question.
The action was instituted against the Fifth National Bank corporation and its receiver. During the pendency of the proceedings, and before judgment on the demurrer, the corporation was dissolved, the action against it abated, and judgment was rendered against the receiver, who alone appeals.
The petition…
2Cases cited13 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Chubb v. UptonSupreme Court of the United States · 1877
- Skrainka v. AllenSupreme Court of Missouri · 1882
- Jewett v. Lawrenceburgh & Upper Mississippi RailroadIndiana Supreme Court · 1858
- McDermott v. DoneganSupreme Court of Missouri · 1869
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3Cited by6 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Jennings v. DarkIndiana Supreme Court · 1910
- Marion Trust Co. v. BennettIndiana Supreme Court · 1907
- Railroad v. SneedTennessee Supreme Court · 1897
- Pope v. Merchants' Trust Co.Tennessee Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.