Legal Opinion

Phelan v. Hazard

U.S. Circuit Court for the District of Eastern Missouri

Decided July 1, 1878PublishedCited by 19 opinions

The plaintiff is a creditor óf the La Motte Lead Company, in which the defendant is a shareholder. The plaintiff in his petition alleges that the said company was incorporated as a manufacturing and business corporation under the laws of Missouri (1 Wag.

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The plaintiff is a creditor óf the La Motte Lead Company, in which the defendant is a shareholder. The plaintiff in his petition alleges that the said company was incorporated as a manufacturing and business corporation under the laws of Missouri (1 Wag. St. 332); that said company issued to Rowland G. Hazard, John G. Copelin, William A. Scott, and R. B. Lockwood all of the stock it ever issued, of which said Rowland G. Hazard received and held eleven hundred and twenty-five shares, and on the 25th day of October, 1S73, transferred eleven hundred and twenty-four of said shares to the…

1Opinion of the Court

DILLON, Circuit Judge.

*Tbe gravamen of the plaintiff’s case is that the defendant is the holder, by transfer, of certain unpaid shares of stock in the La Motte Lead Company, and that, under the statutes of Missouri (1 Wag. St. p. 21)3, § 22), the plaintiff, as a creditor of that company (which is insolvent and dissolved), may compel the defendant to pay for the said shares held by him, or pay the balance due thereon. As between the transferrer of said shares and the corporation which issued them, it was agreed that the shares had been fully paid for by the transferrer to the company.

The…

2Cases cited3 opinions

  1. Goodrich v. Reynolds, Wilder & Co.Illinois Supreme Court · 1863
  2. Smith v. North American Mining Co.Nevada Supreme Court · 1865
  3. Turk v. NicholsonSupreme Court of Iowa · 1870

3Cited by19 opinions

  1. First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
  2. Van Cleve v. BerkeySupreme Court of Missouri · 1898
  3. Young v. Erie Iron Co.Michigan Supreme Court · 1887
  4. Jackson v. TraerSupreme Court of Iowa · 1884
  5. Coffin v. RansdellIndiana Supreme Court · 1887

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