Bagley v. Tyler
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The statute of Kansas is almost identical with article 8, section 6, of the constitution of 1865 of Missouri, creating double liability of stockholders. Our supreme court construed the statute penal in its nature. Krizer v. Woodson, 19 Mo. 327-330 ;’ Ochiltree v. Railroad, 54 Mo. 113. (2) Statutes penal in their nature will not be enforced in another state.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The statute of Kansas is almost identical with article 8, section 6, of the constitution of 1865 of Missouri, creating double liability of stockholders. Our supreme court construed the statute penal in its nature. Krizer v. Woodson, 19 Mo. 327-330 ;’ Ochiltree v. Railroad, 54 Mo. 113. (2) Statutes penal in their nature will not be enforced in another state. Cook on Stock and Stockholders, sec. 218 ; Story on Conflict o'f Laws, sec. 621; Rorer on Inter-State Law, secs. 148-149 ; Ogden v. St. Joe, 90 Mo. 522. (3) Appellant…
1Opinion of the CourtGill, J.
In the year 1882 a corporation was organized under the laws of the state of Kansas, with its home office in Cherokee county, Kansas; said corporation was known by the name of the ‘ ‘ Cherokee Brilliant Coal & Mining Company, of Cherokee county, Kansas.' ’ In 1883, plaintiff Bagley became the owner of a number of shares *200of stock in the corporation, and for a time acted as the company’s bookkeeper. But in December, 1885, plaintiff sold the stock to some parties in Chicago, and the same was transferred on the books of the corporation. These purchasers, being elected to the offices of the…
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