Robinson ex rel. Tiernan v. Shepard
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. When the plaintiffs’ account was allowed by the constituted agents of the company, and a certificate of stock ordered to be issued according to agreement, the refusal of the president to sign and deliver such certificate, being the act of the company, through their agent, was a breach of Uie original contract between the parties, which gave the plaintiffs the right to have the amount of their demand in money. — Chit.
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ERROR to St. Louis Court of Common Pleas. 1. When the plaintiffs’ account was allowed by the constituted agents of the company, and a certificate of stock ordered to be issued according to agreement, the refusal of the president to sign and deliver such certificate, being the act of the company, through their agent, was a breach of Uie original contract between the parties, which gave the plaintiffs the right to have the amount of their demand in money. — Chit. Cont., 112. 2. The evidence given does not show a payment by a delivery of stock, and the verdict was manifestly against the weight…
1Opinion of the CourtTompkihs, Judge
William Robinson and John D. McMurray, sueing to the use of Peter Tiernan, commenced their action against David Shepard, and had a judgment against him for two dollars and twelve cents, to reverse which they come by appeal, into this court.
It appears in evidence, that there was a voluntary association of persons in the city of St. Louis, calling themselves the Concert Hall Company, of which company the defendant, Shepard, was a member. The plaintiffs were mechanics in partnership, and had done some work for the said company.
*138A balance of $202 12 appeared, on the books of the company, to be due…
2Cited by2 opinions
- Veal v. FortsonTexas Supreme Court · 1882
- Webb v. AllingtonMissouri Court of Appeals · 1887