Ballew Lumber & Hardware Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Karl Kimmel, Judge. (1) The sale of the property of the insolvent Missouri Pacific Railway Company under a consent decree, in pursuance of a plan and agreement of reorganization of said company, in which there was reserved for the stockholders of the old company a stock interest in the new company, was and is in law a fraud upon the rights of the appellants, and as to them is void. ' Mumma v. Potomac Co., 8 Pet. 281; Railroad…
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Appeal from St. Louis City Circuit Court. — Eon. Karl Kimmel, Judge. (1) The sale of the property of the insolvent Missouri Pacific Railway Company under a consent decree, in pursuance of a plan and agreement of reorganization of said company, in which there was reserved for the stockholders of the old company a stock interest in the new company, was and is in law a fraud upon the rights of the appellants, and as to them is void. ' Mumma v. Potomac Co., 8 Pet. 281; Railroad Co. v. Howard, 7 Wall. 392; Scammon v. Kimball, 92 U. S. 367; Wabash v. Ham, 114 U. S. 594; Louisville Tr. Co. v.…
1Opinion of the CourtWalker, J.
This is a suit in equity to have the transfer of the assets of the Missouri Pacific Railway Company to the Missouri Pacific Railroad Company declared a fraud upon the plaintiffs, who allege that they are overcharge claimants of the Railway Company, and for an accounting, and to impress upon the assets and. capital stock of the Railway Company in the possession of the Railroad Company an equitable lien until the amount found to be due plaintiffs and all intervenors upon an accounting, shall have been paid, and for a receiver. The petition is based upon the theory that overcharges by a carrier…
2Cases cited12 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
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3Cited by2 opinions
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Cunningham v. KinnerkMissouri Court of Appeals · 1934