Ready v. Smith
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Geo. F. Long an, Judge. (1) The complaint here is, that the corporation being dissolved, the defendant Smith, as president and business manager, has fraudulently converted to his own use property and assets of the dissolved corporation, -which under the law he held in trust for the benefit of its creditors; that instead of using said property to pay the creditors he has entered into a fraudulent scheme to place the property beyond the…
Read the full summary
Appeal from Pettis Circuit Court. — Hon. Geo. F. Long an, Judge. (1) The complaint here is, that the corporation being dissolved, the defendant Smith, as president and business manager, has fraudulently converted to his own use property and assets of the dissolved corporation, -which under the law he held in trust for the benefit of its creditors; that instead of using said property to pay the creditors he has entered into a fraudulent scheme to place the property beyond the reach of the creditors. (2) The plaintiffs as creditors are the parties injured, and as the petition alleges they are…
1Opinion of the CourtGantt, J.
The sufficiency of the petition in stating a cause of action presents the question for decision in this court.
Upon the trial the defendants objected to the introduction of any evidence under the pleadings for the reason that the petition did not state facts sufficient to constitute a cause of action. The objection was sustained and plaintiffs took a nonsuit with leave to move to set the same aside. They afterwards filed said motion and it was overruled, and exceptions saved, and plaintiffs in due time perfected their appeal.
The petition in substance charges that in 1882 a corporation was…
2Cases cited22 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Shickle v. WattsSupreme Court of Missouri · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Hoffman v. BighamSupreme Court of Missouri · 1930
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
- Simplex Paper Corp. v. Standard Corrugated Box Co.Missouri Court of Appeals · 1936
9 more not listed; retrieve them via the Exa API.