Scherck v. Montgomery
Mississippi Supreme Court
From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Montgomery, the appellee, was complainant in the court below; Scherck, appellant, and the Brookhaven Progressive Cotton Oil Co. were defendants there. From a decree, overruling his demurrer to the bill, Scherck appealed to the supreme -court. The opinion states the case.
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From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Montgomery, the appellee, was complainant in the court below; Scherck, appellant, and the Brookhaven Progressive Cotton Oil Co. were defendants there. From a decree, overruling his demurrer to the bill, Scherck appealed to the supreme -court. The opinion states the case. The contention of the appellee is that the contract of sale was an executed one and that the bill was filed to force the oil mill company to recoznize Montgomery, who claims through Miazza, as a stockholder and to require it to issue the certificates…
1Opinion of the CourtCalhoon, J.
The appellee, Montgomery, in his bill, charges that Scherck, the appellant, was a subscriber for twelve shares, at the par value of $100 each, in an oil company corporation, and had paid in $800 of the $1,200, and had agreed to pay the other $400. That Montgomery bought, through his agent, J. F. *436Miazza, these twelve shares from Scherck at a premium, giving him $1,620 for them, Scherck agreeing to pay in the $400 balance to the company, which he did afterwards pay. That, evidencing the transaction, Mr. Scherck executed the following instrument:
“Brookhaven, Miss., July 10th, 1902. Received of…
2Cases cited1 opinion
- Timberlake v. Shippers' Compress Co.Mississippi Supreme Court · 1894
3Cited by4 opinions
- Dennett v. Acme Manufacturing Co.Supreme Judicial Court of Maine · 1910
- Allen v. EdwardsMississippi Supreme Court · 1908
- Burns v. BurnsCourt of Appeals of Mississippi · 2000
- Jackson Opera House Co. v. CoxMississippi Supreme Court · 1939