Guerney v. Moore
Supreme Court of Missouri
Appeal from, Jackson Circuit ' Court. — Hon. E. L. Scabbitt, Judge. (1) The sheriff’s return was premature and plaintiff acquired no right of action.
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Appeal from, Jackson Circuit ' Court. — Hon. E. L. Scabbitt, Judge. (1) The sheriff’s return was premature and plaintiff acquired no right of action. Marks v. Hardy, 86 Mo. 232; Schermerhorn v. Conner, 41 Mich. 376; Adams v. Cumminskey, 4 Cush. 420; Roberts v. Knight, 48 Me. 171; Billon v. Bash, 27 Mo. 243; Johnson v. Laita, 84 Mo. 139. (2) The language of the Kansas statute makes the stockholder primarily liable; it does not contemplate a suit against a stockholder founded on a judgment against the corporation'. (3) Plaintiff can not maintain this suit. Sheidley paid the bank and took no…
1Opinion of the CourtGantt, P. J.
This cause is here on cross appeals from the circuit court of Jackson county.
There is practically no conflict in the evidence. In the year 1887 the defendant, L. R. Moore, Ceorge Sheidley, and others entered into the agreement hereinafter set out. In October, 1887, a corporation was formed in pursuance of this agreement under the laws of Kansas known as the Kansas City Radiator and Iron Foundry Company. The chief promoter and organizer of this corporation was Joseph Askins. This corporation was organized for manufacturing and business purposes; and was not a railway, a religious, or…
2Cases cited34 opinions
- Flash v. ConnSupreme Court of the United States · 1883
- Miller v. . WhiteNew York Court of Appeals · 1872
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Post & Co. v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1887
- Howell v. A. Manglesdorf & Co.Supreme Court of Kansas · 1885
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- Lumbermen's Mutual Casualty Company, a Corporation v. Norris Grain Company, a Tennessee Corporation, and Norris Grain Company, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 1965
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