Legal Opinion

Bircher v. St. Louis Sheet Metal Ornament Co.

Missouri Court of Appeals

Decided December 27, 1898PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. All the beneficiaries in the deed of trust to appellant Lambert E. Walther are necessary parties to this suit. Russell v. Grant, 122 Mo. 161,174; Coe v. Retter, 86 Mo. 277, 285; Crandall v. Cooper, 62 Mo. 478; Missouri Eire Clay Works v. Ellison, 30 Mo. App. 67. The conveyance in question made to appellant Walther was lawful and valid.

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Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. All the beneficiaries in the deed of trust to appellant Lambert E. Walther are necessary parties to this suit. Russell v. Grant, 122 Mo. 161,174; Coe v. Retter, 86 Mo. 277, 285; Crandall v. Cooper, 62 Mo. 478; Missouri Eire Clay Works v. Ellison, 30 Mo. App. 67. The conveyance in question made to appellant Walther was lawful and valid. Alburger v. Bank, 123 Mo. 313, and cases cited; Foster v. Planing Mill Co., '92 Mo. 79. The relationship between respondent and the St. Louis Sheet Metal Ornament Company in its…

1Opinion of the CourtBond, J.

This is a suit in equity, the object of which is to charge the assets in the hands of the assignee of an insolvent corporation, with a lien for $1,000, alleged to have been delivered to the corporation for the purchase of its preferred stock to that amount, which it agreed to issue to plaintiff upon an increase of its capitalization to be thereafter effected. The transaction between the parties was evidenced by the following contract:

“St. Louis, October 9, 1896.
“Received of Rudolph Bireher the sum of one thousand dollars ($1,000) for which the undersigned agrees to sell to him twenty shares…

2Cases cited6 opinions

  1. Harrison v. SmithSupreme Court of Missouri · 1884
  2. State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
  3. Howell v. Reynolds CountySupreme Court of Missouri · 1872
  4. Hord v. HarlanSupreme Court of Missouri · 1898
  5. Meader v. MalcolmSupreme Court of Missouri · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bircher v. WaltherSupreme Court of Missouri · 1901
  2. Raymuth Real Estate & Building Co. v. RobinsonMissouri Court of Appeals · 1918

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