Hunt v. Lucas
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The cause of action, if any existed, was statutory, and was barred by statute. Sec. 6775, R. S. 1889; Wood on Lim. [2 Ed.], p. 93. The judgment of the United States circuit court in Glenn v. Lucas Heirs was final, and a complete bar to this action.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The cause of action, if any existed, was statutory, and was barred by statute. Sec. 6775, R. S. 1889; Wood on Lim. [2 Ed.], p. 93. The judgment of the United States circuit court in Glenn v. Lucas Heirs was final, and a complete bar to this action. Leake on Con. [2 Ed.], pp. 76-85, 86;. Aclhins v. Barnwell, 2 East, 505; Sale v. Blane, 14 Q. B. 205; 2 Whar. on Con., secs. 750, 765. Liability of contribution attaches to stockholders at time of default. McLaren v. Franciscus, 43 Mo. 466; Skrainka v. Allen, 76 Id. 384.…
1Opinion of the CourtBiggs, J.
Briefly stated the facts out of which this litigation has arisen are these: Mary C. Hunt was the only child of Charles L. Hunt, deceased. Charles L. was a stockholder in the National Express and Transportation Company, a Virginia corporation. In 1866 the company became embarrassed, and on the twentieth of September of that year it executed a deed of trust to certain trustees named, conveying all of its property and assets to secure its creditors. Among its assets was an uncalled liability on its capital stock amounting to $80 on each share. The trustees did nothing, and in consequence one of…
2Cases cited7 opinions
- Hearne v. KeathSupreme Court of Missouri · 1876
- Glenn v. HuntSupreme Court of Missouri · 1894
- Sauer v. GriffinSupreme Court of Missouri · 1878
- Hutzler v. LordCourt of Appeals of Maryland · 1886
- Burckhartt v. Helfrich's AdministratorSupreme Court of Missouri · 1883
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