Richard Hanlon Millinery Co. v. Mississippi Valley Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) After the amendment made to the second count of plaintiff’s petition — the demurrer to the evidence having been sustained to the first count — it does not state a cause of action, Because: (a) If the defendant did not agree to subscribe, as therein alleged, to the capital stock of the plaintiff, there is no privity of contract between it and plaintiff, which would enable it to treat the defendant as a…
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) After the amendment made to the second count of plaintiff’s petition — the demurrer to the evidence having been sustained to the first count — it does not state a cause of action, Because: (a) If the defendant did not agree to subscribe, as therein alleged, to the capital stock of the plaintiff, there is no privity of contract between it and plaintiff, which would enable it to treat the defendant as a shareholder, (b) No charge of fraud or collusion, by which the defendant knowingly came into possession of assets of the…
1Opinion of the CourtGraves, J.
Plaintiff’s petition is in two counts, but under the first count an involuntary nonsuit was forced, and no appeal taken, so that this count is only material in a general way. Both counts are actions at law. Under the first count it was sought to recover from defendant the sum of $100,000 on account of the alleged unpaid subscription price of 1000 shares of common stock in the Iianlon Millinery Company. The second count, and the one particularly here for review, reads as follows:
“For a second cause of action plaintiff states that heretofore, to-wit, on September 8, 1902, the defendant, its…
2Cases cited22 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Scovill v. ThayerSupreme Court of the United States · 1882
- California Bank v. KennedySupreme Court of the United States · 1897
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
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3Cited by9 opinions
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Miles v. Macon County BankMissouri Court of Appeals · 1915
- Mutual Bank & Trust Co. v. ShaffnerSupreme Court of Missouri · 1952
- Chouteau v. Missouri-Lincoln Trust Co.Supreme Court of Missouri · 1925
- Colliseum Athletic Assn. v. DillonMissouri Court of Appeals · 1920
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