Riesterer v. Horton Land & Lumber Co.
Supreme Court of Missouri
Appeal from Ripley Circuit Court. — Hon. Jno. G. Wear, J udge. (1) The Constitution is imperative to the effect that the stock and bonded indebtedness of a corporation shall not be increased without first giving sixty days’ public notice, as provided by law.
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Appeal from Ripley Circuit Court. — Hon. Jno. G. Wear, J udge. (1) The Constitution is imperative to the effect that the stock and bonded indebtedness of a corporation shall not be increased without first giving sixty days’ public notice, as provided by law. Constitution, art. 12, sec. 8: R. S. 1889, secs. 962, 2499. And the Revised Statutes declare in positive terms, that such notice shall be published in some newspaper sixty days previous to the date such meeting is to be held, the last insertion to be not less than one, nor more than six days before the meeting. R. S. 1889, secs. 963 and…
1Opinion of the CourtMarshall, J.
This is an action to foreclose a deed of trust, covering several thousand acres of land in Ripley' county, Missouri. The plaintiffs are the trustee and. the holders of all the outstanding bonds secured by the deed of trust, and the defendants are the mortgagor and its creditors and other parties claiming title under it. There was a decree for the plaintiffs, from which the defendants perfected this appeal.
Briefly stated, the controversy is this. The Horton Land & Lumber Company owned the land; there was a mortgage on it for $6,500; outside of this the company owed a large floating debt, the…
2Cases cited12 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Beecher v. Marquette & Pacific Rolling Mill Co.Michigan Supreme Court · 1881
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- Coerver v. Crescent Lead & Zinc Corp.Supreme Court of Missouri · 1926
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- Navajo Mining & Development Co. v. CurryCalifornia Supreme Court · 1905
- State v. AdkinsSupreme Court of Missouri · 1920