Pacific Railroad v. Hushes
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action brought by the Pacific Railroad to recover calls made upon a subscription of ten shares of stock of plaintiff taken by defendant, Hughes. The action is founded on the sixth section of the original act of incorporation, approved March 12,1849. (Sess.
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Error to St. Louis Court of Common Pleas. This was an action brought by the Pacific Railroad to recover calls made upon a subscription of ten shares of stock of plaintiff taken by defendant, Hughes. The action is founded on the sixth section of the original act of incorporation, approved March 12,1849. (Sess. Acts, 1849, p. 220.) Defendant’s subscription was made February 8, 1850. The defence relied on was that subsequent acts of the legislature, to-wit, that approved March 1, 1851, (Sess. Acts, 1851, p. 268,) and those approved December 25,1852, (Sess. Acts, 1853, p. 10, 363)— being…
1Opinion of the CourtLeonard, Judge
After the company was incorporated, Mr. Hughes subscribed for the stock, for the calls upon which this suit is instituted. The remedy, by personal action, is given by the 6th section of the charter, which authorizes the company to make calls for the payment of the capital stock as they may deem proper ; “ and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, to recover the same with interest ; and if not collected, the company may declare the stock forfeited and sell the same.” Subsequently, the amendatory act jof 1st March, 1851, and the two…
2Cases cited4 opinions
- Winter v. Muscogee RailroadSupreme Court of Georgia · 1852
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
- Pacific Railroad v. RenshawSupreme Court of Missouri · 1853
3Cited by6 opinions
- Watters & Martin, Inc. v. Homes Corp.Supreme Court of Virginia · 1923
- Grand River College v. RobertsonMissouri Court of Appeals · 1896
- Hope Mutual Fire Insurance v. BeckmannSupreme Court of Missouri · 1870
- Black v. Delaware & Raritan Canal Co.New Jersey Court of Chancery · 1871
- Harshman v. Bates CountyU.S. Circuit Court for the District of Western Missouri · 1874
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