Legal Opinion

Hagan v. Continental National Bank

Supreme Court of Missouri

Decided June 2, 1904PublishedCited by 26 opinions

Appeal from St. Louis City Circuit Court. — Ho». S. P. Spencer, Judge. (1) The bill does riot state facts that would entitle plaintiff to any equitable relief. ■ A court of equity has no jurisdiction to set aside sales of personal property made under a pledge, unless some such equitable ground as injunction, specific transfer, discovery or accounting is laid. No such ground is laid in the bill. 2 Story’s Eq.

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Appeal from St. Louis City Circuit Court. — Ho». S. P. Spencer, Judge. (1) The bill does riot state facts that would entitle plaintiff to any equitable relief. ■ A court of equity has no jurisdiction to set aside sales of personal property made under a pledge, unless some such equitable ground as injunction, specific transfer, discovery or accounting is laid. No such ground is laid in the bill. 2 Story’s Eq. (Eedfield’s Ed.), sec. 1032; Schouler’s Bailments & Carrier (3 Ed.), 258; Durant v. Einstein, 35 How. Pr. 231; Lewis v. Varnum, 12 Abb. Pr. 308; Bow-land v. Bank, 135 Pa. St. 598; s. c.,…

1Opinion of the CourtGantt, J.

In 1891 the Hagan Opera House Company was organized as a corporation under the laws of this State with a capital stock of 1,000 shares of the par value of $100 each and aggregating $100,000.

On this capital stock $83,000 was at once paid in. A long term lease was secured by the corporation on a lot of ground at the corner of Tenth and Pine street, in St. Louis, having a front of one hundred and twenty-five feet on Pine street. A building was constructed in which there were stores and offices on the ground floor fronts, and also on the upper floors, and a large theatre in the central back…

2Cases cited17 opinions

  1. Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
  2. Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
  3. Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
  4. Holland v. AndersonSupreme Court of Missouri · 1866
  5. Johnson v. . BrooksNew York Court of Appeals · 1883

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3Cited by26 opinions

  1. Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
  2. Wade v. Markwell & Co.California Court of Appeal · 1953
  3. Dibert v. D'ArcySupreme Court of Missouri · 1913
  4. Kegan v. Park BankSupreme Court of Missouri · 1928
  5. Matson v. PearsonMissouri Court of Appeals · 1906

21 more not listed; retrieve them via the Exa API.

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