Fusz v. Spaunhorst
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. 1. It is not the office of a constitution to engage in any matter of ordinary legislation. Its office is to lay out and establish principles of government and ordain the methods and instrumentalities of administering the laws. Cooley Const. Lim., p. 2 ; Mo. Constitution 1875, Art. 4, Sec. 1; Jameson Const.
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Appeal from, St. Louis Court of Appeals. 1. It is not the office of a constitution to engage in any matter of ordinary legislation. Its office is to lay out and establish principles of government and ordain the methods and instrumentalities of administering the laws. Cooley Const. Lim., p. 2 ; Mo. Constitution 1875, Art. 4, Sec. 1; Jameson Const. Conventions, p. 891. "A convention cannot properly declare on what facts a cause of action shall exist, and point out a judgment to be rendered; and the courts will assume prima facie that no such thing was intended. 2. The purpose of the section was…
1Opinion of the Court
Sherwood,.C. J.
Aside from statutory provisions or one of similar nature in the organic law, the directors or officers of an incorporated bank would not be individually responsible in an action at law, for injury resulting to a creditor or depositor, unless the injury were occasioned by the malicious or fraudulent act of the party complained of. Mere nonfeasance will not answer; nothing short of active participancy in a positively wrongful act intendedly and directly operating injuriously to the prejudice of the party complaining will give origin to individual liability as above indicated —…
2Cases cited9 opinions
- Groves v. SlaughterSupreme Court of the United States · 1841
- Vose v. GrantMassachusetts Supreme Judicial Court · 1819
- Ex parte SnyderSupreme Court of Missouri · 1876
- Howell v. StewartSupreme Court of Missouri · 1873
- People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- State v. KyleSupreme Court of Missouri · 1901
- Griffin v. RhotonSupreme Court of Arkansas · 1907
49 more not listed; retrieve them via the Exa API.