Keystone Bridge Co. v. Barstow
Keystone Bridge Co. v. Barstow
Opinion of the Court
delivered the opinion of the court.
Daniel B. Gale, at the time of his death, held one hundred and thirty-seven shares of the capital stock of the Illinois and St. Louis Bridge Company. - Twelve of these shares
This is a proceeding against defendants as stockholders of the Illinois and St. Louis Bridge Company, by motion under the statute, made by plaintiffs, as owners of an unsatisfied execution for $46,831 against the Bridge Company. The court held defendants liable to the amount of $3,448.47, charging them with forty per cent on the twelve shares of bonus stock, plus the face value of 3^^- mortgage bonds received by Gale, less $456.53 paid by defendants under the guarantee contract.
The only question raised by this record which has not already been disposed of in Skrainka, v. Allen is whether the defendants, who are in Gale’s shoes, are chargeable with the face value of the second-mortgage bonds, or only with the sum realized thereon. The trial court held defendants' for the face value of the bonds. If this was error, the finding was excessive to the amount of $768.73.
The question did not arise in Skrainka v. Allen. For the full satisfaction of the judgment in that case it was not necessary to claim more than the proceeds of the bonds. We held that, in ruling that the defendant there was liable for the sum actually received on the bonds, the trial court committed no error to the prejudice of defendant. The-
It is contended by the appellant that, as it does not appear that these bonds have ever been paid by the corporation that issued them, there is nothing to show that the assets of the corporation were diminished by their issue. We do not think that this view is sound. It is, at any rate, contrary to the view expressed by this court in the case cited. We see no reason for modifying that opinion, and are satisfied with the grounds on which it rests.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.