Ramsey v. Thompson Manufacturing Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. I. Wallaoe, Judge. (1) The allegations of the petition and the evidence show such fraud and misrepresentation on the part of the Thompson Manufacturing Company and its promoters, in obtaining the plaintiff’s subscription and Ms property in payment for the same, as to entitle Mm to relief prayed for. The rule that, whatever fraud creates, justice will destroy, applies to subscriptions for stock in a corporation.
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Appeal from Greene Circuit Court. — Hon. W. I. Wallaoe, Judge. (1) The allegations of the petition and the evidence show such fraud and misrepresentation on the part of the Thompson Manufacturing Company and its promoters, in obtaining the plaintiff’s subscription and Ms property in payment for the same, as to entitle Mm to relief prayed for. The rule that, whatever fraud creates, justice will destroy, applies to subscriptions for stock in a corporation. Wells v. Jones, 41 Mo. App. 1; Morawetz on Private Corporations [2 Ed.], sees. 105 and 106; 2 Morawetz on Private Corporations [2 Ed.], sec.…
1Opinion of the CourtBurg-ess, J.
This is an action by plaintiff against defendant company, a corporation, to recover back $200, paid by him in money, and to reinvest in him the title to a lot in the city of Springfield, Missouri, which he conveyed to one Gr. A. Frizzell, trustee, for the use and benefit of the corporation in payment of stock which he had subscribed to it, and which subscription, the payment of the money, and the execution of the deed to the lot in payment thereof, he alleges, were obtained by fraud and fraudulent misrepresentations. The allegations in the petition, leaving out the formal parts, are as…
2Cases cited8 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
- Adler v. Milwaukee Patent Brick Manufacturing Co.Wisconsin Supreme Court · 1860
- Gill v. BalisSupreme Court of Missouri · 1880
- Duffield v. E. T. Barnum Wire & Iron WorksMichigan Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Harn v. SmithSupreme Court of Oklahoma · 1921
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Park v. Kribs, ReceiverCourt of Appeals of Texas · 1900
- Chamberlain v. . TrogdenSupreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.