Woolfolk v. January
Supreme Court of Missouri
Error to Vernon Circuit Court. — Hon. D. P. Steatton, Judge. (1) Unless the plant received by the company under the arrangement of December 12 was fairly worth $80,000, the stock is not full paid and the stockholders are liable to creditors for the difference. Constitution of Missouri, art. 12, sec. 8; Garrett v. Coal Co., 113 Mo. 337; Liebke v. Knapp, 79 Mo. 24; Keillor v. Laclemann, 11 Mo. App. 550; Chouteau v. Dean, 7 Mo.'App. 210; Shiclde v. Watts, 94 Mo. 410; Bankv.
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Error to Vernon Circuit Court. — Hon. D. P. Steatton, Judge. (1) Unless the plant received by the company under the arrangement of December 12 was fairly worth $80,000, the stock is not full paid and the stockholders are liable to creditors for the difference. Constitution of Missouri, art. 12, sec. 8; Garrett v. Coal Co., 113 Mo. 337; Liebke v. Knapp, 79 Mo. 24; Keillor v. Laclemann, 11 Mo. App. 550; Chouteau v. Dean, 7 Mo.'App. 210; Shiclde v. Watts, 94 Mo. 410; Bankv. Galloper, 43 Mo. App. 482. The burden of proof as to value was on defendant. Camden v. Stuart, 144 U. S. 104; Staten. Wood,…
1Opinion of the CourtGantt, P. J.
In this action plaintiff in error sought to charge the defendant’as-a stockholder of certain shares in the Nevada Gas and Coal Company, to satisfy a judgment obtained by plaintiff against said company. The proceeding is by motion for an execution against the defendant as holder of one hundred and one shares of the capital stock of said company. Plaintiff obtained judgment for $7,266.96 against the company. Execution issued and was returned nulla bona. Plaintiff averred that defendant’s stock was wholly unpaid. Defendant denied that he owed any sum whatever on the stock.
Eor a second defense,…
2Cases cited17 opinions
- Handley v. StutzSupreme Court of the United States · 1891
- Clark v. BeverSupreme Court of the United States · 1891
- Fogg v. BlairSupreme Court of the United States · 1891
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- Shickle v. WattsSupreme Court of Missouri · 1887
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3Cited by13 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Brockett v. Winkle Terra Cotta Co.Court of Appeals for the Eighth Circuit · 1936
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Berry v. RoodSupreme Court of Missouri · 1902
- State Trust Co. v. TurnerSupreme Court of Iowa · 1900
8 more not listed; retrieve them via the Exa API.