Hodde v. Nobbe
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Horn,. Rhodes E. Gave, Judge. (1) Estoppel, applies under the facts and circumstances here. Plaintiff is but the, creditors and they waived their rights, elected- to forego pursuing the rights they waived and are now estopped to hold these defendants. It would be a double burden on them. 2 Cook on Corporations, sec. 548, p. 1016; Brooks v. Brooks, 174 Pa. St. 519; Dougherty v. Poundstone, 120 Mo.
Read the full summary
Appeal from the Circuit Court of the City of St. Louis.— Horn,. Rhodes E. Gave, Judge. (1) Estoppel, applies under the facts and circumstances here. Plaintiff is but the, creditors and they waived their rights, elected- to forego pursuing the rights they waived and are now estopped to hold these defendants. It would be a double burden on them. 2 Cook on Corporations, sec. 548, p. 1016; Brooks v. Brooks, 174 Pa. St. 519; Dougherty v. Poundstone, 120 Mo. App. 300; Bigelow on-Estoppel, (6 Ed.) page 732, et seq.; 1 Cook on Corporations, p. 583, sec. 216; Willis v. Black, 117 Calif. 161; 10 Cyc.…
1Opinion of the CourtReynolds, P. J.
This is an action by Charles E. Hodde, as receiver of the Henseler Mercantile Oil & Supply Company against the above-named defendants as directors of that company. No service was had upon Singleton or Thesieres and they did not appear, the case being dismissed as to them.
The petition was filed January 21, 1916. It avers the appointment of plaintiff, by the circuit court of the city of St. Louis, as receiver of the Henseler Mercantile Oil & Supply Company, charging the latter with being an insolvent corporation. . The action is to recover against the defendants, as directors, dividends…
Also in this document: Concurrence.
2Cases cited14 opinions
- State v. SnyderSupreme Court of Missouri · 1904
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Utley v. HillSupreme Court of Missouri · 1900
- Union National Bank v. HillSupreme Court of Missouri · 1899
- Coleman v. HageySupreme Court of Missouri · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eugene Alper Construction Co. v. Joe Garavelli's of West Port, Inc.Missouri Court of Appeals · 1983
- Belmont v. GentrySouth Dakota Supreme Court · 1933
- Christianssand v. Federal Steamship Corp.New York Supreme Court · 1923
- Ulness v. DunnellNorth Dakota Supreme Court · 1931
- Webb City Undertaking Co. v. SinclairMissouri Court of Appeals · 1949
3 more not listed; retrieve them via the Exa API.