Haskell v. Worthington
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. H. Hoenee, Judge. . vl) The court erred in giving the instruction to the effect that the plaintiff was entitled to recover the full amount of his claim and interest. (2) The finding of the court was inconsistent with the instructions or declarations of law given at the instance of the defendant.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. W. H. Hoenee, Judge. . vl) The court erred in giving the instruction to the effect that the plaintiff was entitled to recover the full amount of his claim and interest. (2) The finding of the court was inconsistent with the instructions or declarations of law given at the instance of the defendant. (a) The court gave the instructions to the effect that the plaintiff had only the rights that his assignor had, and that the burden of proving the due organization of. the corporation was on the plaintiff, yet treated the case from beginning to end…
1Opinion of the CourtBrace, J.
This action was instituted by the plaintiff as assignee of “The Missouri Cotton-Seed Oil Company of St. Louis,” to recover the sum of twenty-five hundred dollars, the par value of twenty-five shares, which it is alleged in the petition the defendant subscribed to the capital stock of said company by the following written contract:
“We, the undersigned, hereby severally subscribe for the number of shares set opposite our respective names to the capital stock of ‘The Missouri Cottonseed Oil Company,’ a company to be organized under the laws of the state of Missouri, and we severally agree. *565to…
2Cases cited9 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Roan v. WinnSupreme Court of Missouri · 1887
- Hager v. ClevelandCourt of Appeals of Maryland · 1872
- Livesey v. Omaha Hotel Co.Nebraska Supreme Court · 1876
- Hughes v. Antietam Manufacturing Co.Court of Appeals of Maryland · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Clark v. BarnesMissouri Court of Appeals · 1894
- Cole v. Satsop RailroadWashington Supreme Court · 1894
- Business Men's Ass'n v. WilliamsMissouri Court of Appeals · 1909
- Hequembourg v. EdwardsSupreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.