Legal Opinion

State ex rel. Pitts v. Peter Cooper Building & Loan Ass'n

Missouri Court of Appeals

Decided December 7, 1897PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The court erred in holding that appellant was a stockholder as to the amount ($554.45) represented by the check deposited by her with the association on -March 30, 1897. Wild v. B. é L. Ass’n, 60 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The court erred in holding that appellant was a stockholder as to the amount ($554.45) represented by the check deposited by her with the association on -March 30, 1897. Wild v. B. é L. Ass’n, 60 Mo. App. 200; Grohman v. B. <& L. Ass’n, 68 Id. 200. The court and commissioner erred in holding that the certificate and pass book issued to appellant March 30, 1897, were conclusive upon her showing the prepayment of $554.45 on the five shares of stock subscribed on that day. Moreover, the certificate does not comply with the…

1Opinion of the CourtBond, J.

The defendant building association was dissolved by a decree of court on the sixteenth of January, 1897. A receiver, therefore, was appointed, and also a special commissioner to hear and determine claims. Kate Cummings presented a claim against said corporation as a general creditor for the sum of $554.45. After hearing the evidence the special commissioner reported, allowing said amount in her favor as a stockholder’s claim. She filed exceptions to this report in the circuit court, which were overruled, and the report confirmed. Thereupon she perfected her appeal to this court.

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2Cases cited1 opinion

  1. Hohenshell v. Home Savings & Loan Ass'nSupreme Court of Missouri · 1897

3Cited by1 opinion

  1. State ex rel. Pitts v. Peter Cooper Building & Loan Ass'nMissouri Court of Appeals · 1899

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