Lionberger v. Broadway Savings Bank
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. Unpaid balances due upon contracts of subscription, by stockholders, are, on principle, a proper subject-matter of assignment, at law. — Palmer v. Merrill, 6 Cush. 286; Schultz v. Christman, 6 Mo. App. 341; McKee v. Judd, 12 N. Y. 622 ; Foy v. Railroad, Co., 24 Barb. 382 ; Sibbald’s Estate, 18 Pa.
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Appeal from the St. Louis Circuit Court, Boyle, J. Unpaid balances due upon contracts of subscription, by stockholders, are, on principle, a proper subject-matter of assignment, at law. — Palmer v. Merrill, 6 Cush. 286; Schultz v. Christman, 6 Mo. App. 341; McKee v. Judd, 12 N. Y. 622 ; Foy v. Railroad, Co., 24 Barb. 382 ; Sibbald’s Estate, 18 Pa. St. 249 ; Jordan v'. Gellen, 44 N. H. 424; Bracket v. Blake, 7 Mete. 335 ; Stillwell v. Craig, 58 Mo. 31; Oglesby v. Insurance Co., 22 How. 380. No call upon t'he stock was necessary in order to enable the assignee to recover the unpaid…
1Opinion of the CourtBakewell, J.
This is an action brought by the assignee of the Broadway Savings Bank against the bank and its board of directors, the object of which is to have a call or assessment of $80 per share made upon the capital stock of the bank, for the •benefit of its creditors.
The petition alleges the following facts: The Broadway Savings Bank was incorporated in January, 1869, under provisions of the General Statutes of Missouri of 1865, title .24, chapter 68,. sections 1, 2, 3, and 4, with a capital stock of $250,000, with powers to increase the stock. The stock was duly increased to $300,000 in 1869, which…
2Cases cited19 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
- Almy v. HarrisNew York Supreme Court · 1809
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
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- Eppright v. NickersonSupreme Court of Missouri · 1883
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
- Haskell v. SellsMissouri Court of Appeals · 1883
- Beal v. DillonCourt of Appeals of Kansas · 1896
- Boeppler v. MenownMissouri Court of Appeals · 1885
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