Washington Savings Bank v. Butchers & Drovers' Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The statute of limitations is not a bar to this action. First. In the peculiar case of the liability of stockholders, it does not begin to run until a call by the directors of the corporation, or order of a court of equity, or other authorized demand. Lionberger v. Bank, 10 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The statute of limitations is not a bar to this action. First. In the peculiar case of the liability of stockholders, it does not begin to run until a call by the directors of the corporation, or order of a court of equity, or other authorized demand. Lionberger v. Bank, 10 Mo. App. 499; EpprigTit v. Nickerson, 78 Mo. 482 ; Bingham v. Rushing, 5 Ala. 403, 406 ; Hotel Co. v. JC Anson, 42 N. J. L. 13 ; Gibson v. Turnpike Co., IS Ohio St. 398 ; Bauer n. Railroad, 13 111. 504 ; Allen v. Railroad, 11 Ala. 449. Second. If…
1Opinion of the CourtBlack, J.
The Washington Savings Bank and Rudolph Kohn brought this suit for themselves and all other creditors of the Butchers & Drovers’ Bank, who should come in and contribute to the expenses of *140the suit, against the defendant bank and some twenty or more stockholders therein, to recover balances due on unpaid stock. The circuit court gave judgment for all of the defendants on the ground that the canse of action was barred by the five years’ statute of limitations, and hence did not consider the other questions presented by the pleadings and evidence. The facts will now be stated with a view only of…
2Cases cited8 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Hawkins v. GlennSupreme Court of the United States · 1889
- Hatch v. DanaSupreme Court of the United States · 1880
- Glenn v. WilliamsCourt of Appeals of Maryland · 1883
- First National Bank v. FrickeSupreme Court of Missouri · 1881
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