Shepard v. Drake
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. H. H. Harding, Special Judge. (1) As to proceedings against stockholders executions to issue when? R. S. 1889, sec. 2517. Upon a motion by the judgment creditor of a corporation to hold a stockholder liable under the Revised Statutes, section 736, when all the evidence is set out in the record, an appellate court deals with the facts as fully as if it were a case in equity. Cognard v. Prendergast, 35 Mo.
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Appeal from the Jasper Circuit Court. — Hon. H. H. Harding, Special Judge. (1) As to proceedings against stockholders executions to issue when? R. S. 1889, sec. 2517. Upon a motion by the judgment creditor of a corporation to hold a stockholder liable under the Revised Statutes, section 736, when all the evidence is set out in the record, an appellate court deals with the facts as fully as if it were a case in equity. Cognard v. Prendergast, 35 Mo. App. 237. Such motion is a substitute for a bill in equity. Erskin v. Loewenstein, 82 Mo. 301. (2) The interest of the incorporators in the mining…
1Opinion of the Court
Gill J.
Plaintiff Shepard, is a judgment creditor of the Oasis Mining Company, a corporation formerly engaged in lead and zinc mining in Jasper county. Defendant Drake is the holder of stock in said corporation. After an unsuccessful effort by judgment and execution to secure satisfaction of his claim against the Mining Company, the plaintiff filed his motion, as provided for in section 2517, Revised Statutes 1889, asking the court to order an execution against the defendant for an alleged balance due on stock held by him. Drake denied any liability, claiming that he had fully paid his…
2Cases cited3 opinions
- Garrett v. Kansas City Coal Mining Co.Supreme Court of Missouri · 1892
- Chynowitch v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1881
- Farmers Bank v. GallaherMissouri Court of Appeals · 1891
3Cited by4 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Shields v. HobartSupreme Court of Missouri · 1903
- Babbitt v. ReadDistrict Court, S.D. New York · 1914
- Bingo Mining Co. v. FeltonMissouri Court of Appeals · 1899