Erskine v. Peck
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. The defendant, who was one of five purchasers of the franchises of a corporation, received certain shares of the stock of the corporation, which were issued to him as “ full paid” stock, but for which he had paid nothing. He afterwards surrendered this stock to the corporation, and the shares thus surrendered were issued by the corporation, for value, to bona fide subscribers.
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Appeal from the St. Louis Circuit Court, Horner, J. The defendant, who was one of five purchasers of the franchises of a corporation, received certain shares of the stock of the corporation, which were issued to him as “ full paid” stock, but for which he had paid nothing. He afterwards surrendered this stock to the corporation, and the shares thus surrendered were issued by the corporation, for value, to bona fide subscribers. A year after the defendant’s surrender of the stock, the plaintiff became a creditor of the corporation. Having obtained judgment against the corporation, he now…
1Opinion of the CourtLewis, P. J.
This is a motion by a judgment creditor of the Gravois Railroad Company, for execution against the defendant as a stockholder in the corporation. The facts touching the defendant’s relations with the company are the same with those in the case of E. C. Smith, Assignee, etc., v. C. H. Peck, wherein the opinion of this court is filed simultaneously with this. The two causes were tried together in the circuit court, and all the evidence introduced was considered as applicable to both cases. In the present case, the entry of judgment recites that, “the court having awarded execution against said…
2Cases cited4 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Tuckerman v. . BrownNew York Court of Appeals · 1865
- Alford v. MillerSupreme Court of Connecticut · 1865
3Cited by4 opinions
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Thomas v. Wentworth Hotel Co.California Court of Appeal · 1911
- Johnson v. LullmanMissouri Court of Appeals · 1884
- Ollesheimer v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891