Breed v. Hobart
Supreme Court of Missouri
Appeal from Q-reene Circuit Court . — Ron. James T. Neville, Judge. A motion for a new trial will not be sustained on grounds not alleged in the motion. Albert v. Seiler, 31 Mo. App. 254; Putnam v. Railroad, 22 Mo.
Read the full summary
Appeal from Q-reene Circuit Court . — Ron. James T. Neville, Judge. A motion for a new trial will not be sustained on grounds not alleged in the motion. Albert v. Seiler, 31 Mo. App. 254; Putnam v. Railroad, 22 Mo. App. 589; Alexander v. Railroad, 54 Mr. App. 70; Bollinger v. Carrier, 79 Mo. 318. Whether under the statutes or common law, equity requires that merits in the case and diligence of a party claiming relief be shown before it will interfere; neither is shown by the respondents in this case. Hunt v. Smith, 15 Ala. 807; Williams v. Court, 5 Mo. 248; Kirby v.' Chodwell, 10 Mo. 392;…
1Opinion of the Court
BURGESS, P. J. —
This is an action by Susan P. Breed, as a judgment creditor of the Real Estate Investment Company, wherein she seeks to recover of the respondent Hobart and others the amount of her judgment against the Real Estate Investment Company, on the ground that the said Hobart was one of the incorporators of the said company and subscribed for ten thousand dollars of the stock of the company, and paid only $2,600, leaving $7,400 as the balance due on his subscription to the stock of the said company, which the appellant claims is an asset of the corporation which should be applied to…
2Cases cited3 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
- Nichols v. ThomasMassachusetts Supreme Judicial Court · 1808
3Cited by14 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Gosnell v. GosnellMissouri Court of Appeals · 1959
- Farrell v. DeClueMissouri Court of Appeals · 1963
- Miller v. CrawfordMissouri Court of Appeals · 1910
9 more not listed; retrieve them via the Exa API.