McClaren v. Franciscus
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. At the October term, 1868, plaintiff below filed a motion against defendant and several others, jointly, alleging that on March 16, 1868, they recovered a judgment against the “ St. Louis Museum, Opera, and Fine-Art Gallery,” averring that it is a corporation incorporated and organized under the laws of this State in regard to corporations; that the judgment is unsatisfied, and an execution had been issued against the property of the…
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Appeal from St. Louis Circuit Court. At the October term, 1868, plaintiff below filed a motion against defendant and several others, jointly, alleging that on March 16, 1868, they recovered a judgment against the “ St. Louis Museum, Opera, and Fine-Art Gallery,” averring that it is a corporation incorporated and organized under the laws of this State in regard to corporations; that the judgment is unsatisfied, and an execution had been issued against the property of the corporation, and no property could be found whereon to levy; that appellant and the other defendants below are and were…
1Opinion of the Court
Wagner, Judge,
delivered the-opinion of the court:
Plaintiffs recovered judgment against the “ St. Louis Museum, Opera, and Fine-Art Gallery,” a corporation duly incorporated by the laws of this State under the statutory provision entitled “ private corporations.” Execution was issued on said judgment and returned unsatisfied, whereupon plaintiffs moved that an execution issue against the defendant, Franciscus, he being at the time a stockholder of the said corporation. This motion was sustained, and the defendant appealed.
It appears from the record that at the time the debt was contracted…
2Cases cited3 opinions
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bond v. AppletonMassachusetts Supreme Judicial Court · 1812
- President of Middletown Bank v. MagillSupreme Court of Connecticut · 1823
3Cited by21 opinions
- National Bank v. CaseSupreme Court of the United States · 1879
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
- Foster v. RowMichigan Supreme Court · 1899
- Skrainka v. AllenSupreme Court of Missouri · 1882
- Welles v. LarrabeeU.S. Circuit Court for the District of Northern Iowa · 1888
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