Hodgson v. Cheever
Missouri Court of Appeals
Ekrok to the St. Louis Circuit Court. The petition does not state a cause of action, in this: that it does not state that the certificate sued on was ever presented to the bank or its assignee. — Hides v. Burns, 38 N. H. 144. The liability sought to be enforced is a penalty, and cannot be enforced outside the State imposing it. — Richardson v. Railroad Go., 98 Mass. 85 ; Woodward v. Railroad Co., 10 Ohio St. 121; Halsey v. McLean, 12 Allen, 438; Hutchinson v. New England…
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Ekrok to the St. Louis Circuit Court. The petition does not state a cause of action, in this: that it does not state that the certificate sued on was ever presented to the bank or its assignee. — Hides v. Burns, 38 N. H. 144. The liability sought to be enforced is a penalty, and cannot be enforced outside the State imposing it. — Richardson v. Railroad Go., 98 Mass. 85 ; Woodward v. Railroad Co., 10 Ohio St. 121; Halsey v. McLean, 12 Allen, 438; Hutchinson v. New England Goal Co., 4 Allen, 530; First National Bank v. Price et al., 33 Md. 487 ; Lawler v. Burt, 7 Ohio St. 341 ; Kritzer v.…
1Opinion of the CourtHayden, J.
This is an action against the defendant as a stockholder of the People’s Bank of Belleville, a corporation formed under the laws of Illinois, seeking to hold the defendant, by reason of the failure of the bank, to pay to plaintiff a sum deposited with it. The ninth section of the charter of the bank (1 Priv. Laws Ill. 1869, pp. 194-196) is as follows:
“ Whenever default shall be made in the payment of any debt or liability contracted by said corporation, the stockholders shall be individually responsible for an amount equal to the amount of stock held by them respectively; and such liability…
2Cases cited17 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Hawthorne v. CalefSupreme Court of the United States · 1865
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Culver v. Third National BankIllinois Supreme Court · 1872
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
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3Cited by5 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Guerney v. MooreSupreme Court of Missouri · 1895
- Bagley v. TylerMissouri Court of Appeals · 1891
- Klages v. KohlAppellate Court of Illinois · 1906
- Farmers Bank v. GallaherMissouri Court of Appeals · 1891