Coquard v. Prendergast
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The court below erred in admitting the deposition of Coquard as to when he acquired, and how much he paid for the scrip on which his judgment against the bank was founded. His judgment against the bank was conclusive against its stockholders. Bisset v. Kav. Co., 15 Fed. Rep. 353, and cases in note on page 361 ; Clapp v. Peterson, 104 111. 26; Schaeffer v. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The court below erred in admitting the deposition of Coquard as to when he acquired, and how much he paid for the scrip on which his judgment against the bank was founded. His judgment against the bank was conclusive against its stockholders. Bisset v. Kav. Co., 15 Fed. Rep. 353, and cases in note on page 361 ; Clapp v. Peterson, 104 111. 26; Schaeffer v. Ins. Co., 46 Mo. 248; Taylor on Corp., sec. 737. Therefore, the testimony objected to was irrelevant and immaterial. Manmlle x>. Roever, 11 Mo. App. 317; Grew v.…
1Opinion of the CourtThompson, J.
This is a proceeding by a judgment creditor of a corporation, namely, the Butchers and Drovers’ Bank, against a stockholder therein, by motion for an execution, under the provision of Revised Statutes, section 786. Judgment was rendered for the defendant denying the motion, and the plaintiff prosecutes this appeal.
It appeared at the trial that the Butchers and Drovers’ Bank issued a large quantity of scrip, by which it agreed to pay various sums, stated in each piece of the scrip, to the bearer, on or before August 1, 1880; that the bank became insolvent and ceased to do business in 1877 ;…
2Cases cited8 opinions
- Shickle v. WattsSupreme Court of Missouri · 1887
- Skrainka v. AllenSupreme Court of Missouri · 1882
- Jerman's Adm'r v. BentonSupreme Court of Missouri · 1883
- Reppy v. ReppySupreme Court of Missouri · 1870
- Skrainka v. AllenMissouri Court of Appeals · 1879
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3Cited by5 opinions
- Pierce v. Topeka Commercial Security Co.Supreme Court of Kansas · 1899
- Washington Savings Bank v. Butchers & Drovers' BankSupreme Court of Missouri · 1895
- Ollesheimer v. Thompson Manufacturing Co.Missouri Court of Appeals · 1891
- Austin Powder Co. v. Commercial Lead Co.Missouri Court of Appeals · 1908
- Coquard v. PrendergastMissouri Court of Appeals · 1891