Joy v. Manion
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A conditional subscription is valid, and unless the condition is performed there is no contract, and the subscriber can not be held to the liabilities of a stockholder. Thompson on Stockholders, sect. ,116; Chase x. Railroad, 38 111. 215; Railroad x. Boestler, 15 Iowa, 555; Jewett x. Railroad, 10 Ind. 539 ; Railroad v. Dunn, 39 Me. 587, 595; Railroad x. Iliclcman, ¡28 Pa. St. 318, 327; Edwards x.
Read the full summary
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A conditional subscription is valid, and unless the condition is performed there is no contract, and the subscriber can not be held to the liabilities of a stockholder. Thompson on Stockholders, sect. ,116; Chase x. Railroad, 38 111. 215; Railroad x. Boestler, 15 Iowa, 555; Jewett x. Railroad, 10 Ind. 539 ; Railroad v. Dunn, 39 Me. 587, 595; Railroad x. Iliclcman, ¡28 Pa. St. 318, 327; Edwards x. Railroad, 1 Mylne & Craig, 650; Pellat ’ s Case, 2 Ch. Div. 527, 536 ; Ex parte Simpson, 38 L. J. Ch. 88, and affirmed in 39 L. J. Ch.…
1Opinion of the CourtRombatjjsk, J.
The defendant is sued on account of his subscription to the capital stock of the St. Louis Brick Corhpany, an insolvent business corporation, organized under the laws of this state in October, 1883. The plaintiff is the assignee of the corporation and claims under a deed of general assignment for the benefit of creditors, made in February, 1884. The cause was tried by the court without the intervention of a jury, and the trial resulted in a judgment for the plaintiff for twelve hundred and fifty dollars, and-interest, being the amount of fifty per cent, on the capital stock subscribed by the…
2Cases cited6 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Kersey v. GartonSupreme Court of Missouri · 1883
- James v. CloughMissouri Court of Appeals · 1887
- McKensie v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Calvert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keator v. Helfenstein Park Realty Co.Supreme Court of Missouri · 1910
- Ollesheimer v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891
- M. D. Wells & Co. v. Thompson Manufacturing Co.Missouri Court of Appeals · 1893