Hauser v. Thompson
Missouri Court of Appeals
.Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. Section 2782, Revised Statutes, is a complete bar ■to the recoveries sought by the respondents. They .seek to avoid its effect by asserting that that statute is inoperative and without force. But there is nothing in this suggestion. The statute has been construed as a. subsisting statute.
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.Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. Section 2782, Revised Statutes, is a complete bar ■to the recoveries sought by the respondents. They .seek to avoid its effect by asserting that that statute is inoperative and without force. But there is nothing in this suggestion. The statute has been construed as a. subsisting statute. State Savings v. Kellogg, 52 Mo. 583-591;- Perry v. Turner, 55 Mo. 418-425. Laws in pari materia being construed together, this section must, be taken as a limitation upon proceedings to secure-dues from the corporation,…
1Opinion of the CourtBiggs, J.
— Section 2782 of the Revised Statutes of 1889, reads: “No stockholder shall be personally liable for the payment of any debt contracted by any corporation created under this article, which is not to be paid within one year from the time the debt is contracted, nor unless a suit for the collection of such debt shall be brought against such corporation within one year after the debt shall become due; and no suit shall be brought against any stockholder who shall cease to be a stockholder in any such corporation for any debt so contracted, unless the same shall be commenced within two years…
2Cases cited16 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Terry v. LittleSupreme Court of the United States · 1880
- Lowry v. . InmanNew York Court of Appeals · 1871
- Shickle v. WattsSupreme Court of Missouri · 1887
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1873
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