Miller v. Lange
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—lion. William Zachvitz, Judge. (1) Plaintiff alleges that defendant caused an execution in his favor against one Knickmeier to be levied on corporate stock which was pledged to plaintiff. This was no trespass.
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Appeal from the St. Louis City Circuit Court.—lion. William Zachvitz, Judge. (1) Plaintiff alleges that defendant caused an execution in his favor against one Knickmeier to be levied on corporate stock which was pledged to plaintiff. This was no trespass. The law provides for such levy on execution, and, if the plaintiff had any rights to such stock, the defendant, who, as plaintiff alleges, was fully notified of plaintiff’s rights, acquired the stock by sale under execution subject to plaintiff’s rights. E. S. 1889, secs. 4924, 4925; E. S. 1889, sec. 4953; Foster v. Potter, 37 Mo. 525;…
1Opinion of the CourtBland, P. J.
This suit originated in a justice’s court and was taken by appeal to the circuit court, where judgment was recovered for plaintiff, from which defendant duly appealed.
The facts are: that about April 12, 1897, one Knickmeier owned 10,846 shares of stock in the McKinley Mining and Milling Company, a corporation, evidenced by two certificates of stock numbers 9 and 10, each for 5,243 shares. One of these certificates was held by the corporation to secure unpaid assessments made against it, the other certificate was unincumbered; both certificates were, however, in the possession of the…
2Cases cited6 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Allen v. McMonagleSupreme Court of Missouri · 1883
- Comfort v. BallingalSupreme Court of Missouri · 1896
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3Cited by3 opinions
- Wilkinson v. MisnerMissouri Court of Appeals · 1911
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- Citizens' Bank of Sikeston v. Scott Co. Mill. Co.Missouri Court of Appeals · 1922