Miller v. Connor
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court—Now. George N. Williams, Judge. (1) The court erred in refusing to permit the introduction in evidence of “plaintiff’s ‘exhibit D’,’’ the decree of the Colorado Court ascertaining pro rata amount due by each stockholder, because (a) The cause of action arose in Colorado and is governed by the limitation Statutes of that State.
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Appeal from St. Louis City Circuit Court—Now. George N. Williams, Judge. (1) The court erred in refusing to permit the introduction in evidence of “plaintiff’s ‘exhibit D’,’’ the decree of the Colorado Court ascertaining pro rata amount due by each stockholder, because (a) The cause of action arose in Colorado and is governed by the limitation Statutes of that State. R. S. 18991, Sec. 4280; Berkley v. Tootle, 163 Mo. 584; Wojtylak v. Kansas & Texas Coal Co., 188 Mo. 260; Merritt Creamery Co. v. Railroad, 128 Mo. App. 420; McCoy v. Railroad, 134 Mo. App. 622. (b) To rely on the Colorado…
1Opinion of the CourtNortoni, J.
This is a suit at law on the statutory liability of a stockholder in an insolvent bank for the pro rata proportion of its indebtedness, ascertained in favor of the creditors of the bank against the shareholders. The court found the issue and gave judgment for defendant as if the statute of limitations pleaded in the answer barred the right of recovery, and plaintiffs prosecute the appeal.
*634It appears from the petition, and likewise from the evidence in the record, that the State Bank of Monte Vista, Colorado, was a corporation organized and doing business under the laws of that State. On June…
2Cases cited11 opinions
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
- King v. PomeroyCourt of Appeals for the Eighth Circuit · 1903
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- St. Louis Type Foundry Co. v. JacksonSupreme Court of Missouri · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Cowden v. WilliamsArizona Supreme Court · 1927
- Kirschler v. WainwrightSupreme Court of Pennsylvania · 1917
- Irwin v. BurganSupreme Court of Missouri · 1930
- Denny, State Banking Commr. v. KennedyCourt of Appeals of Kentucky (pre-1976) · 1929
7 more not listed; retrieve them via the Exa API.