Legal Opinion

Wells v. Jones

Missouri Court of Appeals

Decided April 29, 1890PublishedCited by 4 opinions

Appeal from the Greene Circuit Court. — Hon. Jos. Cravens, Judge. (1) The evidence in this case shows such, fraud and misrepresentation on the part of the said Thompson Manufacturing Company, in obtaining notes from defendants, as to defeat a recovery on said note by said corporation. The rule, that whatever fraud creates justice will destroy, applies to subscription for capital stock in a corporation.

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Appeal from the Greene Circuit Court. — Hon. Jos. Cravens, Judge. (1) The evidence in this case shows such, fraud and misrepresentation on the part of the said Thompson Manufacturing Company, in obtaining notes from defendants, as to defeat a recovery on said note by said corporation. The rule, that whatever fraud creates justice will destroy, applies to subscription for capital stock in a corporation. Morawetz on Private Corp. [2 Ed.] secs. 105, 106, 839 ; Thompson on Liabilities of Stockholders, secs. 142, 143; Upton v. Tribilcoek, 91 U. S. 45 ; Yreeland v. Stone Co., 29 N. J. Eq. 190. (2)…

1Opinion of the CourtThompson, J.

This action was commenced before a justice of the peace, upon , a promissory note of the following tenor:

“$10.00. Springfield, Missouri, May 19, 1888.
“Pour months after date we promise to pay to Thompson Manufacturing Company, or order, ten dollars, for value received, negotiable and payable without defalcation or discount, at the Central National Bank, Springfield, Missouri, with interest at the rate of eight per cent, per annum from date until paid.
“Jones Bros.
“By J. W. P. Jones.”

*5On the back of which, note is the following indorsement:

“Pay to the order of M. D. Wells & Co.
“Thompson…

2Cases cited10 opinions

  1. Railroad Co. v. National BankSupreme Court of the United States · 1880
  2. Dougherty v. CooperSupreme Court of Missouri · 1883
  3. Conrad v. FisherMissouri Court of Appeals · 1889
  4. Young v. KellarSupreme Court of Missouri · 1887
  5. Arnholt v. HartwigSupreme Court of Missouri · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Loewen v. ForseeSupreme Court of Missouri · 1897
  2. Crow v. CrowMissouri Court of Appeals · 1907
  3. Wetmore v. WoodsMissouri Court of Appeals · 1895
  4. Otterson v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891

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