Berry v. Rood
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». Matt. G. Reynolds, Judge. (1) Defendants ought not to be held liable for all the costs of this suit. It will be inequitable and unfair to require defendants to pay all the costs. R. S. 1899, secs. 1549, 1550, 1559; Turner v. Johnson, 95 Mo. 452; Bender v. Zimmerman, 135 Mo. 53; Schawacker v. McLaughlin, 139 Mo. 333; Plant Seed Co. v. Michel Plant & Seed Co., 37 Mo.
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Appeal from St. Louis City Circuit Court. — No». Matt. G. Reynolds, Judge. (1) Defendants ought not to be held liable for all the costs of this suit. It will be inequitable and unfair to require defendants to pay all the costs. R. S. 1899, secs. 1549, 1550, 1559; Turner v. Johnson, 95 Mo. 452; Bender v. Zimmerman, 135 Mo. 53; Schawacker v. McLaughlin, 139 Mo. 333; Plant Seed Co. v. Michel Plant & Seed Co., 37 Mo. App. 313. (2) Defendants are not liable for the expenses of the .receivership, nor for the compensation of the special receiver and his attorneys. Defendants are not liable in any…
1Opinion of the CourtWoodson, J.
This is the third appeal of this cause to this court. The first opinion is reported in the 168 Mo. 316, and the second in 209 Mo. 675.
A detailed statement of the facts of the case is not necessary for the proper determination of the questions involved in this appeal.
*89Prior to the year 1893 the defendants and otters organized under the laws of this State the Ozark Onyx Company, with a capital stock of $300,000. None of that stun was paid into the treasury of the company in cash, and less than $25,000 thereof was paid in property.
In 1893 the Providence Jewelry Company failed and went into the…
2Cases cited10 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Stuart v. BoulwareSupreme Court of the United States · 1890
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Berry v. RoodSupreme Court of Missouri · 1902
- Greeley v. Provident Savings BankSupreme Court of Missouri · 1890
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3Cited by3 opinions
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Boatmen's National Bank v. FleddermanSupreme Court of Missouri · 1944
- Levassor v. Metropolitan Fire Insurance Company's ReceiverCourt of Appeals of Kentucky · 1920