Hequembourg v. Edwards
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Bussell, Judge. (1) The declaration of law is erroneous. It is not necessary to show tliat the money actually came into the treasury of the corporation, and was then taken out 'and'converted by the defendants. ' By proceeding to do business as a corporation under the statutes, the articles of association and certificate of Secretary of State, the defendants were at once obligated to account to the corporation for the…
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Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Bussell, Judge. (1) The declaration of law is erroneous. It is not necessary to show tliat the money actually came into the treasury of the corporation, and was then taken out 'and'converted by the defendants. ' By proceeding to do business as a corporation under the statutes, the articles of association and certificate of Secretary of State, the defendants were at once obligated to account to the corporation for the one-half of the capital. 1 E. S. 1889, secs. 2768, 2770, 2492, 2499; Mo. Con., art. 12, sec. 8. (2) The possession by…
1Opinion of the CourtValliant, J.
The Builders Iron Works, a business corporation, on September 15, 1894, made a voluntary assignment of all its assets for the benefit of its creditors. The plaintiff is the assignee under that deed of assignment. The defendants were the directors of the corporation and for alleged dereliction in that capacity they are here sued. The suit is to recover $7,000 of the capital stock which the petition essays to allege came into the hands of the defendants as directors, and for which they have failed to account. According to the petition it appears that the capital stock of the corporation was…
2Cases cited11 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Bent v. PriestSupreme Court of Missouri · 1885
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Acton v. DooleySupreme Court of Missouri · 1881
- Roan v. WinnSupreme Court of Missouri · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Palmer v. WelchMissouri Court of Appeals · 1913
- Barnard Manufacturing Co. v. Ralston Milling Co.Washington Supreme Court · 1913
- Brown v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1904
- Scharbauer v. Lampasas CountyCourt of Appeals of Texas · 1919
2 more not listed; retrieve them via the Exa API.