Lohman v. Kansas City Southern Railway Co.

Full title: IRA H. LOHMAN, Ancillary Administrator in Missouri of Estate of ANGIE M…

Court: Supreme Court of Missouri, Court en Banc

Date published: Nov 25, 1930

33 S.W.2d 118 (Mo. 1930)

33 S.W.2d 118

Opinion

November 25, 1930.

CORPORATION: Shares of Stock: Situs: Suit to Transfer: Ancillary Administrator Made Party: Constructive Service. The judgment of the New York court ordering the Missouri corporation to transfer the shares of stock of a deceased stockholder, who resided and died in New York, where the shares were and had been kept, to his New York executors, being binding on the corporation, is also binding on the Missouri ancillary administrator, whether or not the New York court obtained jurisdiction over him by constructive personal service.

Appeal from Jackson Circuit Court. — Hon. Samuel A. Dew, Judge.

AFFIRMED.

D.W. Peters and Barnett Hayes for appellant.

Frank H. Moore, Cyrus Crane and A.F. Smith for respondent; Samuel W. Moore of counsel.

BLAIR, J.

This (Lohman, Ancl. Admr. of Estate of Angie M. Booth, v. Railway Co. et al.) is a companion case to the cases of Lohman, Ancillary Administrator of Estate of Carl F.W.G. Upmann, v. Kansas City Southern Railway Company, ante page 819, and Lohman, Ancillary Administrator of Estate of James McDougall, v. Kansas City Southern Railway Company, post page 868, this day decided. The facts admitted by the pleadings are practically identical with those in the McDougall case.

In this case, however, Lohman was made a party defendant in the suit in New York to compel defendant railway company to transfer the shares of stock to the New York executors. Substituted personal service was had on him in Missouri in purported compliance with the New York statutes in respect to proceedings against non-residents to determine the rights of the parties in rem.

In the McDougall case, we held that a similar judgment against the defendant railway company alone was valid and binding and entitled to full recognition in this State. We, therefore, deem it unnecessary to consider whether plaintiff was properly before the new York court or is personally bound by its judgment. The judgment requiring defendant railway company to transfer the Booth stock to the New York executors fully determined the right and duty of defendant to make the transfer, regardless of the New York court's jurisdiction over plaintiff.

The judgment of the trial court is affirmed and the case is transferred to the court en banc. All concur.

PER CURIAM:

The foregoing opinion of BLAIR, J., in Division Two, is adopted as the opinion of the Court en Banc. Ragland, C.J., Blair, Atwood, Gantt, Frank and White, JJ., concur.