Broussard v. Mason
Missouri Court of Appeals
Appeal from Jackson Circuit Court — Now A. C. Southern, Judge. (1) A judgment may be collaterally impeached for fraud and collusion. Under the circumstances here presented this court has the right to adjudicate the equities of the cause upon the merits. Hamilton v. McLean, 139 Mo. 678; Bates v. Hamilton, 144 Mo. 1. (2) An officer or director of a corporation who purchases its property at execution sale becomes a trustee for the benefit of the parties in interest.
Read the full summary
Appeal from Jackson Circuit Court — Now A. C. Southern, Judge. (1) A judgment may be collaterally impeached for fraud and collusion. Under the circumstances here presented this court has the right to adjudicate the equities of the cause upon the merits. Hamilton v. McLean, 139 Mo. 678; Bates v. Hamilton, 144 Mo. 1. (2) An officer or director of a corporation who purchases its property at execution sale becomes a trustee for the benefit of the parties in interest. Tobin Canning Co. v. Fraser, 17 S. W. 25; Brewster v. Stratman, 4 Mo. App. 42 and 43; McAllen v. Woodcock, 60 Mo. 180; Ward v.…
1Opinion of the CourtTrimble, J.
The parties to this suit and one, B. D. Hurd, were accommodation endorsers upon a note of the Jefferson County Rice Company (a corporation), given on April 28', 1902, to the First National Bank of Beaumont, Tesas. On October 14, 1903, plaintiff paid said note in full, amounting then to $3367.42. This suit for contribution was instituted against the defendant Masón and said Hurd, March 24, 1906. In his bill or petition plaintiff alleged that on the date he paid said note the Rice Company was, and ever since has been, insolvent and has had no assets from that date to the present time; and is…
2Cases cited18 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Grumley v. WebbSupreme Court of Missouri · 1869
- Estate of KochWisconsin Supreme Court · 1912
- Ball v. ReeseSupreme Court of Kansas · 1897
- Heggie v. . Building and Loan AssociationSupreme Court of North Carolina · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Botz v. HelveringCourt of Appeals for the Eighth Circuit · 1943
- Bell v. MortonIdaho Supreme Court · 1924
- Dennig v. MeckfesselSupreme Court of Missouri · 1924
- Winget v. WoodsMissouri Court of Appeals · 1956