Smith v. Heidecker
Supreme Court of Missouri
Appeal from, Si. Louis Circuit Court. This suit was instituted by plaintiff as trustee of Francis Saler, endorser of Ruegg, Bosse & Co., owners of the Phoenix Cotton Factory. Plaintiff having obtained judgment against the company, and execution having been returned nulla bona, issued an alias execution, under which he garnished defendant as a subscriber for four shares of 150 each. The defence was that the subscription was obtained by fraudulent representations.
Read the full summary
Appeal from, Si. Louis Circuit Court. This suit was instituted by plaintiff as trustee of Francis Saler, endorser of Ruegg, Bosse & Co., owners of the Phoenix Cotton Factory. Plaintiff having obtained judgment against the company, and execution having been returned nulla bona, issued an alias execution, under which he garnished defendant as a subscriber for four shares of 150 each. The defence was that the subscription was obtained by fraudulent representations. Ruegg, Bosse & Co. were the owners of the Phoenix Cotton Factory, but, unable to pay their debts, conceived the plan of an…
1Opinion of the CourtEagg, Judge
The following statement will be necessary to an understanding of the points presented by the record for the consideration of the court.
The respondent Smith, as trustee for various parties, had obtained a judgment in the St. Louis Circuit Court against the Missouri Spinning Company for a large amount; and *162the execution baying been returned nulla bona, an attachment issued against the rights and credits of the company. (See R. C. 1855, p. 377.) The appellant Heidecker was summoned as garnishee, and in his answer to the interrogatories filed admits that he subscribed four shares of stock in said…
2Cases cited2 opinions
- Von Phul v. City of St. LouisSupreme Court of Missouri · 1845
- Davis v. KnappSupreme Court of Missouri · 1844
3Cited by9 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Burton v. SnyderSupreme Court of Colorado · 1895
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Gast v. KingSupreme Court of Oklahoma · 1910
4 more not listed; retrieve them via the Exa API.