Hingston v. Montgomery
Missouri Court of Appeals
Appeal from Jackson Circuit court. — Hon. W. B. Teas dale, Judge. (1) The contention of attorneys for respondent based upon the allegations in' reference to speculative deals by the Montgomery Grain Company is so clearly without foundation in the evidence in the case to sustain it that it seems to us this could not have been the ground for setting aside the judgment of the court and granting a new trial.
Read the full summary
Appeal from Jackson Circuit court. — Hon. W. B. Teas dale, Judge. (1) The contention of attorneys for respondent based upon the allegations in' reference to speculative deals by the Montgomery Grain Company is so clearly without foundation in the evidence in the case to sustain it that it seems to us this could not have been the ground for setting aside the judgment of the court and granting a new trial. There was at best, under the evidence in regard to these dealings, merely a suspicion of wrongdoing on the part of the Montgomerys,andnothing can be added to the statement of the trial court…
1Opinion of the CourtJohnson, J.
This is an action in equity brought on behalf of a business corporation by one of its stockholders against its managing officers for an accounting and for the recovery of funds belonging to the corporation alleged to have been unlawfully diverted. A trial of the cause resulted in a decree in favor of defendants but the court sustained the motion for a new trial filed by plaintiff on the ground “that the finding and judgment was for the wrong party” and defendants appealed.
On or about July 1, 1897, plaintiff (then Miss Belle Butler) bought 331-3 shares of the capital stock of the Montgomery…
2Cases cited7 opinions
- Slattery v. St. Louis & New Orleans Transportation Co.Supreme Court of Missouri · 1886
- Hannerty v. Standard Theater Co.Supreme Court of Missouri · 1891
- Loomis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Albers v. Merchants' ExchangeMissouri Court of Appeals · 1891
- Barkhoefer v. BarkhoeferMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Caldwell v. EubanksSupreme Court of Missouri · 1930
- Schick v. RiemerMissouri Court of Appeals · 1953
- McClure v. WilsonMissouri Court of Appeals · 1945
- Primm v. WhiteMissouri Court of Appeals · 1912
- Ogden v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.