Ochiltree v. Iowa Railroad Contracting Co.
Supreme Court of Missouri
Error to Clark Circuit Court. I. Under the law in force when the plaintiff’s debts accrued, and at the date of consolidation,when “ The Missouri, Iowa & Nebraska Railway Company” became obligated to pay the same, the stockholders existing at the time of theissuing of execution were liable under “double liability clause.” (G. S:, 328, §§ 11, 12; Constitution 1865, Art. 8, § 6; McClaren vs. Franeiscus, 43 Mo., 452.) II.
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Error to Clark Circuit Court. I. Under the law in force when the plaintiff’s debts accrued, and at the date of consolidation,when “ The Missouri, Iowa & Nebraska Railway Company” became obligated to pay the same, the stockholders existing at the time of theissuing of execution were liable under “double liability clause.” (G. S:, 328, §§ 11, 12; Constitution 1865, Art. 8, § 6; McClaren vs. Franeiscus, 43 Mo., 452.) II. The constitutional amendment of 1870, Sec. 6, Art. 8, as applied to debts existing against corporations at the time of its adoption, is null and void, in that it impairs the…
1Opinion of the CourtNapton, J.
The only question in this case, necessary to be decided, is, whether a stockholder in a corporation, who becomes such after the constitutional amendment of Nov. 1870, is liable to the double liability imposed upon its stockholders by the 6th Sec. of Art. 8 of this constitution of 1865, and the provisions of the statute made to carry this constitutional provision into effect.
The position is assumed and maintained by an elaborate and able argument of counsel, that the liability extends to the *117stockholders subscribing after the repeal of the double liability-clause as to all debts contracted by…
2Cases cited2 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Hawthorne v. CalefSupreme Court of the United States · 1865
3Cited by7 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Morley v. ThayerU.S. Circuit Court for the District of Massachusetts · 1880
- Schricker v. RidingsSupreme Court of Missouri · 1877
- Hodgson v. CheeverMissouri Court of Appeals · 1880
- Kimball v. DavisMissouri Court of Appeals · 1892
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