Pfaff v. Gruen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Stockholders are bound by the decree in insolvent proceedings to the extent of showing that it was necessary that assessments to pay creditors should be made, and that they were made.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Stockholders are bound by the decree in insolvent proceedings to the extent of showing that it was necessary that assessments to pay creditors should be made, and that they were made. Thomp. on Corporations, sec. 3049; Howard v. Glenn, 85 Ga. 238; Hawkins v. Glenn, 131 U. S. 319; Glen v. Liggett, 135 U. S. 533; Glen v. Marburg, 145 U. S. 499; Railroad-v. Smith, 54 Ohio St. 562; Thomp. on Corp., secs. 3567, 3499. (2) The statutory double liability of the stockholders in a corporation is contractual and may be…
1Opinion of the CourtGoode, J.
A demurrer was sustained to the plaintiff’s petition in this case, in which he seeks to enforce a statutory liability agaiiist Jacob Gruen and John Gruen as stockholders in-the Columbus Watch Company, an insolvent corporation organized under the laws of the State, of Ohio.
The grounds of the demurrer were a misjoinder of parties defendant and a failure to state facts sufficient to constitute a cause of action.
Plaintiff stood on his petition.
Erom the allegations contained therein it appears the plaintiff is both a stockholder and a creditor of an insolvent Ohio corporation, the Columbus Watch…
2Cases cited23 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Hawkins v. GlennSupreme Court of the United States · 1889
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Howarth v. . AngleNew York Court of Appeals · 1900
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3Cited by6 opinions
- Cowden v. WilliamsArizona Supreme Court · 1927
- Miller v. ConnorMissouri Court of Appeals · 1913
- Van Tuyl v. CarpenterTennessee Supreme Court · 1915
- Guilbert v. KessingerMissouri Court of Appeals · 1913
- Freedy v. Trimble-Compton Produce Co.Supreme Court of Missouri · 1932
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