Colonial Trust Co. v. McMillan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The stock was not in fact full paid. This point was conceded by the learned judge of the circuit court, and the facts of the case were stronger on this point than in the cases of: Van Cleave v. Berkey, 143 Mo. 109; Berry v. Rood, 168 Mo. 316; see, also, Mo.
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Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The stock was not in fact full paid. This point was conceded by the learned judge of the circuit court, and the facts of the case were stronger on this point than in the cases of: Van Cleave v. Berkey, 143 Mo. 109; Berry v. Rood, 168 Mo. 316; see, also, Mo. Const., art. 2, sec. 8; 1 Cook on Stock and Stockholders (4 Ed.), 435; Shickle v. Watts, 94 Mo. 410. (2) Defendant was a stockholder in the Sedalia Electric Railway Company, (a) The court clearly erred in its declarations for defendant that the relation was one of…
1Opinion of the CourtLamm, J.
In an action at law, tried to the court without a jury, the plaintiff, as a judgment creditor of the Sedalia Electric and Railway Company, referred to herein as the Railway Company, seeks to hold defendant liable as a stockholder, owning 2594 shares of unpaid capital stock of said Railway Company, of the par value of $259,400, for the sum of $47,076.75, said judgment debt. The result of the trial was a judgment for defendant, from which plaintiff appeals.
It will contribute to an understanding of the case to state the paper issues which are substantially as follows :
After alleging its…
2Cases cited9 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Markham v. . JaudonNew York Court of Appeals · 1869
- Matthews v. AlbertCourt of Appeals of Maryland · 1866
- McMahon v. . MacYNew York Court of Appeals · 1872
- State Trust Co. v. TurnerSupreme Court of Iowa · 1900
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3Cited by9 opinions
- Babbitt v. ReadCourt of Appeals for the Second Circuit · 1916
- Meyer v. Ruby Trust Mining & Milling Co.Supreme Court of Missouri · 1905
- Mitchell v. Banking CorporationMontana Supreme Court · 1933
- Rogers v. Stag Mining Co.Missouri Court of Appeals · 1915
- Snyder v. State-Wide Properties, Inc.District Court, N.D. Illinois · 1964
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