Legal Opinion

Blakeman v. Benton

Missouri Court of Appeals

Decided May 25, 1880Published

Appeal from the St. Louis Circuit Court, Thayer, J. The bonds were issued January 1, 1866. At that date there had been no legislation to enforce the double-liability provision of the Constitution of 1865. There was, therefore, no double liability under the Constitution of 1865 at the date of the issue of the bonds. —Fusz v. Spaunhorst, 67 Mo. 256 ; The People v. Commissioners, 15 Mich. 347; The People v. Supervisors, 3 Barb. 332: Groves v. Slaughter, 15 Pet. 449 ; French v.…

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Appeal from the St. Louis Circuit Court, Thayer, J. The bonds were issued January 1, 1866. At that date there had been no legislation to enforce the double-liability provision of the Constitution of 1865. There was, therefore, no double liability under the Constitution of 1865 at the date of the issue of the bonds. —Fusz v. Spaunhorst, 67 Mo. 256 ; The People v. Commissioners, 15 Mich. 347; The People v. Supervisors, 3 Barb. 332: Groves v. Slaughter, 15 Pet. 449 ; French v. Teschmalcer, 24 Cal. 518. The liability created bjr the Constitution of 1865 was totally extinguished by the amendment…

1Opinion of the CourtHayden, J.

This case comes up on an agreed statement of facts, the substance of which is as follows: On March 5, 1877, the plaintiff’s intestate recovered a judgment against the Bellefontaine Railway Company for $13,158.60, upon bonds of the company of $1,000 each, issued on January 1, 1866. On this judgment execution was issued on March 12, 1877, and returned nulla bona. On June 7, 1869, the defendant received a certificate for seven hundred and thirty-four shares of stock in the railway company, of which shares the par value was $100, and upon which was then paid $67 a share, On May 22, 1876, in a…

2Cases cited3 opinions

  1. Webber v. LeightonMissouri Court of Appeals · 1880
  2. Provident Savings Institution v. Jackson Place Skating & Bathing RinkSupreme Court of Missouri · 1873
  3. Cummings v. SpaunhorstMissouri Court of Appeals · 1877

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