Rogers v. Yoder
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. The plaintiff had a single cause of action against the defendant, Yoder, for unpaid stock subscription to the Stag Mining Company. She chose to commence her action upon a part of this claim and to prosecute it to a final judgment after she had knowledge that the defendant was the owner of other stock upon which he would have been liable for unpaid stock subscription if he were liable upon his original subscription.
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Appeal from Jasper Circuit Court. — Hon. D. E. Blair, Judge. The plaintiff had a single cause of action against the defendant, Yoder, for unpaid stock subscription to the Stag Mining Company. She chose to commence her action upon a part of this claim and to prosecute it to a final judgment after she had knowledge that the defendant was the owner of other stock upon which he would have been liable for unpaid stock subscription if he were liable upon his original subscription. This is what is termed in law a splitting of a cause of action. It is a well-established rule that a single cause of…
1Opinion of the CourtFarrington, J.
Plaintiff recovered a judgment against the-defendant who appeals to this court urging but one point as a 'ground for reversal.
The suit grew out of a judgment recovered by the plaintiff herein against the Stag Mining Company, a corporation, and C. C. Yoder and Alexander Larkin. That judgment was reviewed in this court wherein we held that the. stockholders of the corporation were liable to Ada Rogers for the payment of her judgment against the corporation. [185 Mo. App. 659, 171 S. W. 676.]
Yoder had subscribed for 1050 shares of stock in the corporation of the par value of $10 each. Lafayette…
2Cases cited6 opinions
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
- Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
- Kansas City Hotel Co. v. SigementSupreme Court of Missouri · 1873
- Union Loan, Storage & Mercantile Co. v. FarbsteinMissouri Court of Appeals · 1910
- Danciger v. American Express Co.Missouri Court of Appeals · 1915
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3Cited by1 opinion
- Szombathy v. MerzSupreme Court of Missouri · 1941