Schaeffer v. Missouri Home Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. There was no proof that the Missouri Home Insurance Company was ever organized, or that it ever had a corporate existence for any purpose whatever. (See Gen. Stat. 1865, ch. 67, § 7; 10 Wend. 266.) H. There is no proof that Finn signed articles of association, and not having signed he did not become a stockholder under the provisions of section 4. Then he was not liable on the paper introduced in evidence. (Troy R.R.
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Appeal from St. Louis Circuit Court. I. There was no proof that the Missouri Home Insurance Company was ever organized, or that it ever had a corporate existence for any purpose whatever. (See Gen. Stat. 1865, ch. 67, § 7; 10 Wend. 266.) H. There is no proof that Finn signed articles of association, and not having signed he did not become a stockholder under the provisions of section 4. Then he was not liable on the paper introduced in evidence. (Troy R.R. Co. v. Tibbits, 18 Barb. 297 ; Poughkeepsie R.R. v. Griffin, 24 N. Y. 150.) III. As Finn paid nothing, he was not a stockholder, and his…
1Opinion of the CourtCurrier, Judge
The plaintiff recovered judgment against the Missouri Home Insurance Company, upon which an execution ivas duly issued against the effects of that company. It was returned nulla bona, whereupon the plaintiff, in pursuance of the statute (Wagn. Stat. 291, § 13), moved for an execution against John Finn, the defendant herein. The motion recited the fact of the judgment and of the return of the execution as above stated, and then alleged that Finn held ten shares of the capital stock of said insurance company, of the par value of $1,000. On the hearing' oil the motion before the court, but one…
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