Fisher v. Seligman
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. There never was a contract between defendant and the corporation, making defendant a stockholder. — Brewster v. Hartley, 37 Cal. 15; Seymour v. Sturgess, 26 N. Y. 134, 145 ; Pittsburgh, etc. R. Co. v. Gazzam, 32 Pa. 340. And defendant can show aliunde the stock certificate, and even the books of the corporation, under what circumstances the certificate was issued to J. & W. Seligman & Co. —McMahon v. Macy, 51 N. Y. 155,161; Tónica, etc.
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Appeal from St. Louis Circuit Court. There never was a contract between defendant and the corporation, making defendant a stockholder. — Brewster v. Hartley, 37 Cal. 15; Seymour v. Sturgess, 26 N. Y. 134, 145 ; Pittsburgh, etc. R. Co. v. Gazzam, 32 Pa. 340. And defendant can show aliunde the stock certificate, and even the books of the corporation, under what circumstances the certificate was issued to J. & W. Seligman & Co. —McMahon v. Macy, 51 N. Y. 155,161; Tónica, etc. R. Co. v. Stein, 21 111. 96, 98 ; Lathrop v. Kneeland, 46 Barb. 432, 438; Jones v. Railroad Co., 32-N. H.544 ;…
1Opinion of the CourtBakewell, J.
This is a proceeding by motion under the statute by a judgment creditor of an insolvent corporation for execution against a stockholder. The question to be determined is whether, upon the facts admitted and proved upon the trial, appellant was liable as a stockholder of the corporation. The Circuit Court, ordered execution to issue, and from this judgment the alleged stockholder appeals.
It appears that on May 15, 1874, plaintiff obtained judgment for $2,450 against the corporation defendant, on an indebtedness which accrued on January 21, 1874. The corporation was then and is insolvent. It is…
2Cases cited8 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- In the Matter of the Reciprocity BankNew York Court of Appeals · 1860
- Spear v. CrawfordNew York Supreme Court · 1835
- Matthews v. AlbertCourt of Appeals of Maryland · 1866
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3Cited by4 opinions
- Haskell v. SellsMissouri Court of Appeals · 1883
- Keystone Bridge Co. v. McCluneyMissouri Court of Appeals · 1880
- Clark v. HaydockMissouri Court of Appeals · 1891
- Union Savings Ass'n v. SeligmanMissouri Court of Appeals · 1881