Booth v. Scott

Decided September 16, 1918

Supreme Court of Missouri · decided 1918-09-16

— Hon. Kimbrough Stone, Judge. (1) The trial court erred in sustaining the demurrer of the-defendants to the evidence of the plaintiff on the ground that the facts disclosed do not constitute a cause of action in favor of the plaintiff and against the defendants.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded (with directions) · Decided 1918-09-16

How this case has been cited

Cited by 26 later decisions — most recently October 1985 · most notably State Ex Inf. McKittrick v. Koon (1947), Graves v. Purcell (1935)

2 federal appellate · 2 district · 20 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BLAIR, J.

¶1(concurring). — In that portion of the opinion which holds that the “form of the certificate destroyed its character as preferred stock,” I do not concur. The agreement evidenced by the certificate copied in the opinion includes “an implied condition that the payment shall be made only out of net profits which are legally applicable to the payment of dividends. This is true whether the agreed payments be called ‘dividends’ or ‘interest,’ and whether they be *42guaranteed or simply promised.” [Feld v. Roanoke Investment Co., 123 Mo. l. c. 620.]

¶2. In the remainder of the opinion and the result,

¶3I

¶4concur.

Graves, J., concurs in this.