45 Mo. 109 | Mo. | 1869
delivered the opinion of the court.
This was a proceeding to recover of John Hogan, a stockholder in the National Insurance Company, the amount of a judgment obtained and held by the respondents against said company. It seems that Hogan was president of the company, and owned stock to the amount of three thousand dollars, which he paid by his services as such officer. Whilst so acting as president, the company became insolvent, and Nixon & Co. brought suit against it for $4,500, the amount of a policy they held against it. During the pendency of the suit, .Hogan negotiated for the claim, and procured an assignment of it to him for the sum of $675, and then let judgment go against the company for the full amount.
Execution on respondents’ judgment against the company was duly returned, no property found, and a motion was then made, according to the provisions of the statute, for judgment against
With the concurrence of the other -judges, the judgment will be affirmed.