Scott v. Barton
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) A creditor who has obtained a judgment against a corporation and a return of execution nulla bona may then proceed against the holders of unpaid stock. 10 Cyc. 725 and 731, tit. Corporations; Shickle v. Watts, 94 Mo. 410; Meyer v. Min. & Mill. Co., 192 Mo. 162. (2) The judgment against the corporation is conclusive on the stockholder. Nichols v. Stevens, 123 Mo. 96; Johnson v. Stebbins-Thompson Ry.
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Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) A creditor who has obtained a judgment against a corporation and a return of execution nulla bona may then proceed against the holders of unpaid stock. 10 Cyc. 725 and 731, tit. Corporations; Shickle v. Watts, 94 Mo. 410; Meyer v. Min. & Mill. Co., 192 Mo. 162. (2) The judgment against the corporation is conclusive on the stockholder. Nichols v. Stevens, 123 Mo. 96; Johnson v. Stebbins-Thompson Ry. Co., 177 Mo. 581. (3) If the holder of the stock be an assignee thereof and took it with notice that it had been paid up…
1Opinion of the Court
There are two of these cases, Nos. 20157 and 20158, which have been consolidated by the parties, and only one, No. 20158, has been abstracted and briefed. What is said in this case applies also to the other.
The action is in equity and seeks to enforce the collection from defendants of a judgment in favor of plaintiffs of $117,303.35. Plaintiff's bill was dismissed by the court below "without prejudice" and plaintiffs duly appealed to this court.
The case of Scott v. Luehrmann, 278 Mo. 638, decided by Court in Banc, adjudicates all of the points in issue here. That case was dismissed by the…
2Cases cited14 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Richardson's v. GreenSupreme Court of the United States · 1890
- Terry v. TubmanSupreme Court of the United States · 1876
- Shickle v. WattsSupreme Court of Missouri · 1887
- Guerney v. MooreSupreme Court of Missouri · 1895
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3Cited by6 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Allison v. MildredSupreme Court of Missouri · 1957
- Blackiston v. RussellSupreme Court of Missouri · 1931
- F. C. Church Shoe Co. v. TurnerMissouri Court of Appeals · 1926
- Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
1 more not listed; retrieve them via the Exa API.