Maloney v. Real Estate, Building & Loan Ass'n
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Witheow, Judge. In order that a foreign construction of a statute adopted in this state should prevail, our statute must be a literal and precise copy of the statute construed. SJcouten v. Wood, 57 Mo. 380; West v. McMullen, 112 Mo. 411; Skrainka v. Allen, 76 Mo. 384. The Missouri statute is not identical in form or spirit with the Pennsylvania statute construed by the Pennsylvania court.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Witheow, Judge. In order that a foreign construction of a statute adopted in this state should prevail, our statute must be a literal and precise copy of the statute construed. SJcouten v. Wood, 57 Mo. 380; West v. McMullen, 112 Mo. 411; Skrainka v. Allen, 76 Mo. 384. The Missouri statute is not identical in form or spirit with the Pennsylvania statute construed by the Pennsylvania court. R. 8. 1879, art. 9, ch. 21; R. S. 1889, art. 9, ch. 42; 1 Brightly’s Purdon’s Dig., p. 183. In the construction of a statute granting…
1Concurrence
CONCURRING OPINION.
Bond, J.
— The statute under consideration entitles a withdrawing stockholder, under the conditions alleged in the petition, “to receive on demand” his claim. It further provides in effect that, if the board of directors do not consent to pay his demand, it shall not be enforceable against “more than one-half of the unloaned funds in the treasury of the corporation.” R. S. 1889, section 2810.
The state from which the act in question was taken construed these provisions to give a withdrawing stockholder the right to reduce his demand to a judgment, with a further right to an…
2Cases cited1 opinion
- American Wine Co. v. ScholerMissouri Court of Appeals · 1883