St. Paul daily globe., 1892-06-14
TWO REVERSED.
Fourteen Cases Passed Upon by
the United States Circuit Court
of Appeals.

Fourteen Cases Passed Upon by
the United States Circuit Court
of Appeals.
The United States circuit court of ap-
pealS was in session short time yester-
day, with Judges Caldwell, Sanborn and
Shiras on the bench. No new cases
were submitted, but ten decisions were
handed down. involving fourteen cases
originally before the circuit courts be-
low. In eight of these the decisions of
the lower courts were affirmed, and two
were reversed. in eight of the cases
the opinions were written by Judge
ShiraS, in two by Judge SanbOrn and
one by Judge Caldwell. The causes
and opinions were as follows:
John E. Liggett, plaintiff in error, VS.. John
Glenn, trustee, etc. Appealed from the east
eru circuit of Missouri. Submitted at st.
Louis. Opinion by Judge ShiraS, Judges
Caldwell and Sauborn coucurring. Reversed
and remanded for new trial. This case in
Yolved the National Express and Transporta-
ton company. This company has been in
litigation involving its solvency for more
than twenty years A bill in chancery was
filed in court at Richmond. Va, in 1871. ask
ing for receiver for the company. and sub-
sequent litigation was begun against the com
pany IN missouri. number of suits were
company, and several of them have reached
the circuit court of appeals.
John Glenn, trustee, etc, plaintiff in error,
vs.. John E. Light. Appealed from the
Eastern circuit of Missouri. Submitted at
St Louis. Opinion by Judge Shiras. judges
Caldwell and Sanborn concurring decision
OF court below affirmed with costs.
An Unpaid Subscription.
John J. Taussig ct al, executors, etc.,
plaintiffs in error. VS.. John Glenn, trustee,
etc. Error from the Eastern circuit of Mis-
souri, submitted at st. Louis. Opinion by
Judge Sanborn, Judges Caldwell and Shiras
concurring Cause reversed and remanded
for new trial. The following syllabus was
prepared by Judge Sanborn. "Where in a
suit TO collect an unpsid subscription to
stock of corporation the petition alleged
that the firm, of which defendants were men,
bers. subscribed TO and agreed to pay for GER
tain shares of the stock of an express and
transportation Company, and thereby be-
came stockholders, and the defendants de-
MED that such firm ever subscribed to such
stock, and averred thdtft was cO-partnerShip
for dealing IN pens and beeswaX and no
member of the firm have authority to make
such subscription. Held, that in the absence
of the production of the subscription contract
or any proof Of its loss or of any other ex-
cuse for its non production. the entry in the
stock book of such corporation of the name
of such firm was not competent evidence un-
der the pleadings. '"Tannssing Livingston
d Co" is not idem senans with Taussig LiY-
ingston d Co., and an entry Of the former
name as one of its stockholders i'll the stock
book OF corporation without any evidence
tending TO identify or connect it with firm
bearing the latter name is not competus evil
dence that the members of the latter firm
were stockholders of the corporation.
John Glenn, trustee. ETC.. plaintiff in er-
ror, VS.. John j. Taussig ct al, executors etc.
Error from the eastern circuit of Missouri
Submitted al st. Louis. Opinion by Judge
Sanborn Judge Caldwell and Shiras concur
ring. Judgment Of lower court affirmed with
costs.
North Atchison bank, plaintiff in error
VS.. G, A Garretson. ct al, error from the
western circuit of Missouri. Submitted at
ST. Louis. Opinion by Judge Shiras. Judges
Caldwell and Sanborn concurring. Affirmed
with costs
Limitations.
John G. Priest. plaintiff in error VS.. John
Glenn, trustee, etc, and John Glenn, trustee,
ETC., plaintiff in error VS.. John g. Priest
Error from the Eastern circuit of Missouri
Submitted at ST. Louis. Opinion by Judge
Shiras. Judges Caldwell and Sauburn con
curing. Affirmed with costs. 1t is held in
this case that neither a corporation nor the
court acting for it can call upon q stock
holder for payment of an assessment except
by virtue of a general assessment, made
equally upon all shares of stock. The stat
ute OF limitations of Missouri can not bar the
right of Virginia corporation to make
assessment upon capital stock.
Lewis DorsheImer, plaintiff in error vs.
John Glenn, trustee. etc. and John Glenn,
trustee ETC., plaintiff in error. VS.. Lewis
DOrshelmer. Error from the eastern circuit
of Missouri, submitted at ST. Louis Opinion
by Judge Shiras. Judges Caldwell and SAN
born cnncurring. Affirmed with costs. In
the opinion the court observes that the
statute OF limitations does not begin to run
as subscription to stock in a corporation,
which IS payable as called for, until call or
its equivalent has been had and default
thereon has arisen. Each call, lawfully
made, created a distinct cause of action
against the several stockholders; and n re-
fusal to pay on one call does not set the
statute to running against the liability for
the portion OF the stock remaining uncalled
for.
Missouri Law.
John G. Priest executor, ETC., plaintiff in
error, VS.. John Glenn, trustee, etc, and John
Glenn, trustee, ETC.. plaintiff in error vs.
John @. Priest, executor ETC.; error from
the Eastern circuit of Missouri; submitted at
st. Louis. Opinion by Judge Shiras. Judges
Caldwell and SanbOrn coneurring. Affirmed
with costs. In the course of the opinion il
is stated that the trial court rightfullv re-
fused leave to amend the answer by setting
up as bar the adjudication in an action to
recover 80 pei cent assessment, for the rea-
son that the same is not, in any sense, an
upon the right to recover the
Missouri, requiring an action to be brought |
against an executor or administrator within |
two years after pus lication of the appoint |
ment or an executor or administrator the |
court says: This action was brought with |
in two years after the cause of action was |
created by assessment on the stock. By the |
statute Of Missouri the two years do not be- |
gin 10 run until the right of action accrues, |
and the bar of the statute was not complete |
when the action was begun"
Kansas City, Fort Scott & Memphis Rail- |
,oed Company, plaintiff in error, vs. Harry !
Mcdonald. Error from the Eastern circuit |
Of Arkansas. Argued and submitted at ST. |
Paul. Opinion by Judge Shiras, Justice |
Brewer and Judge Sanborn concurring. At /
frmed with COSTS 1t is held that The case l