State ex rel. Pitts v. Peter Cooper Building & Loan Ass'n
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. .(a) Appellants’ argument and citation of authorities to show their right to introduce extrinsic evidence to contradict tbe certificates are out of place in this discussion. Both the commissioner and the court below proceeded on tbe theory that such evidence was admissible and permitted appellants to introduce all the evidence they desired to contradict the certificate.
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Appeal from, the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. .(a) Appellants’ argument and citation of authorities to show their right to introduce extrinsic evidence to contradict tbe certificates are out of place in this discussion. Both the commissioner and the court below proceeded on tbe theory that such evidence was admissible and permitted appellants to introduce all the evidence they desired to contradict the certificate. I do not question the correctness of the law as announced in Wild v. B. & L. Association (60 Mo. App. 200), and other cases cited, (b) There Í3…
1Opinion of the CourtBiggs, J.
The matter here in controversy arises out of proceedings instituted by Erank L. Pitts, state treasurer, to enjoin and restrain the Peter Cooper Building and Loan Association, the defendant herein, from further prosecution of its business, and for a dissolution of the association, and the winding up of its affairs. The proceedings are authorized by the act of the legislature (Sess. Acts 1895, p. 28) establishing a bureau for the supervision of building and loan associations. That act provides that the procedure in such cases shall be the same as provided by statute for winding' up insurance…
2Cases cited4 opinions
- Prendergast v. EyermannMissouri Court of Appeals · 1885
- Wild v. Western Union Building & Loan Ass'nMissouri Court of Appeals · 1895
- State ex rel. Pitts v. Peter Cooper Building & Loan Ass'nMissouri Court of Appeals · 1898
- State ex rel. Pitts v. Peter Cooper Building & Loan Ass'nMissouri Court of Appeals · 1897
3Cited by1 opinion
- Johnson v. EwaldMissouri Court of Appeals · 1900