Foster v. Potter
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The appellant insists that the well recognized principles of the common law, that the interest of the mortgagor in goods and chattels mortgaged by him cannot be seized under a writ of attachment, or sold under execution, are not at all applicable to the case of stocks or shares in incorporated companies; such shares and stocks could not, at common law, be sold under execution.
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Appeal from St. Louis Court of Common Pleas. The appellant insists that the well recognized principles of the common law, that the interest of the mortgagor in goods and chattels mortgaged by him cannot be seized under a writ of attachment, or sold under execution, are not at all applicable to the case of stocks or shares in incorporated companies; such shares and stocks could not, at common law, be sold under execution. The statutes of Missouri expressly authorize the seizure, under writs of attachment and execution, of choses in action, and the sale of “ the rights and shares” of the debtor…
1Opinion of the CourtHolmes, Judge
This is a petition in the nature of a bill in equity to compel the parties defendant to interplead and establish their rights to a fund held by the plaintiff, and which he' is ready to pay over to the party entitled to it. It appears- that the firm of J. & W. McDowell, owners of certain shares of stock in the Pacific Insurance Company ( of which John McDowell afterwards became sole owner), gave to the plaintiff, as trustee for the benefit of the corporation, a deed of trust in the *528nature of a mortgage upon this stock, to secure the payment of certain notes held by the company. The deed was…
2Cases cited8 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Titcomb v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1811
- King v. BaileySupreme Court of Missouri · 1843
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
- Untermeyer v. State Tax CommissionUtah Supreme Court · 1942
- Fowler v. DicksonSuperior Court of Delaware · 1909
- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- Williams v. GallickOregon Supreme Court · 1884
17 more not listed; retrieve them via the Exa API.