Stinebaker v. National Restaurant Co.
Missouri Court of Appeals
Apueal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. (1) It is a good defense to a motion against a stockholder by a creditor that the stock holder has already paid corporate debts to an amount equal to that for which he is liable under the statute, existing as a claim in his favor prior to nulla bona return. 26 Am. and Eng. Ency. Law (2 Ed.), 1026; Webber v. Leighton, 8 Mo. App. 502; Bank v. Bank, ISO Mo. 169; Coquárd v. Pendergast, 35 Mo.
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Apueal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. (1) It is a good defense to a motion against a stockholder by a creditor that the stock holder has already paid corporate debts to an amount equal to that for which he is liable under the statute, existing as a claim in his favor prior to nulla bona return. 26 Am. and Eng. Ency. Law (2 Ed.), 1026; Webber v. Leighton, 8 Mo. App. 502; Bank v. Bank, ISO Mo. 169; Coquárd v. Pendergast, 35 Mo. App. 243; Mansville v. Roever, 11 Mo. App. 321. (2) A stockholder has the same right with a stranger to become a creditor of the company.…
1Opinion of the CourtGoode, J.
(after stating- the facts.) — We might dispose of this appeal by affirming the judgment for lack of evidence to prove the leasehold was worth less than the value placed on it by the company. We cannot take judicial notice on this question one way or the other. But as the record is meagre and the court below did not proceed on the theory the stock was unpaid,there may have been some testimony of the fact, or it may have been conceded. Therefore it will be more satisfactory if we consider the appeal on the merits.
We can see nothing favorable to-the plaintiffs in any aspect of the case. Although…
2Cases cited6 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Jerman's Adm'r v. BentonSupreme Court of Missouri · 1883
- Merchants' Insurance v. HillMissouri Court of Appeals · 1882
- Webber v. LeightonMissouri Court of Appeals · 1880
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