Dowling v. Wheeler
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) The case made by respondent is fatally defective.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) The case made by respondent is fatally defective. It appears from the undisputed evidence that all the interested persons have not been made parties to this action, and appellant’s instruction in the nature of a demurrer to the evidence, as also his motion in arrest of judgment, should have been sustained: (a) Because the evidence discloses that the contract with Brown, trustee, sued upon, if it be held to be a contract between appellant and the other shareholders, in the Standard Tile Company, is certainly a joint…
1Opinion of the CourtBland, P. J.
(after stating the facts).
1. The answer of defendant alleges, in substance, that the agreement of the stockholders, dated December 28, 1901, set *180out in the petition, provides for the sale of all the assets and shares of stock of the Standard Tile Company and not for the separate sale of each stockholder’s shares; that all the stockholders of the company have a common interest in the fund realized at the sale, that their interest is a united one and that plaintiff, as an individual stockholder, has no separate interest therein and cannot maintain this suit. The parties to the agreement placed…
2Cited by3 opinions
- Hanchett Bond Co. v. GloreMissouri Court of Appeals · 1921
- Hammonds v. HammondsMissouri Court of Appeals · 1956
- Milem v. FreemanMissouri Court of Appeals · 1909