Logeman Mfg. Co. v. Logeman

• Decision Date: 19 July 1927
• Docket Number: No. 19756.,19756.
• Citation: 298 S.W. 1040
• Parties: LOGEMAN MFG. CO. v. LOGEMAN.
• Court: Missouri Court of Appeals

298 S.W. 1040

LOGEMAN MFG. CO. v. LOGEMAN.

No. 19756.

St. Louis Court of Appeals, Missouri.

July 19, 1927.

Appeal from St. Louis Circuit Court; V. H. Faikenhainer, Judge.

"Not to be officially published."

Suit by the Logeman Manufacturing Company, by its receiver, H. Charles Judge, against Theodore V. Logeman. Judgment for plaintiff, and defendant appeals. Affirmed.

Albert Chandler, of St. Louis, for appellant.

William F. Woerner, of St. Louis, for respondent.

NIPPER, J.

This is a suit by a receiver to recover $6,031.77, together with interest, which the receiver alleges is due the corporation from defendant.

The appointment of the receiver resulted from a suit brought by the Mellon Realty Company against the Logeman Manufacturing Company. The Mellon Company obtained a money judgment against the Logeman Company, and a receiver was appointed to take charge of the affairs of the Logeman Company, collect the credits, assets, and accounts of the company, and bring all proper suits or proceedings, etc. H. Charles Judge was appointed receiver for the Logeman Company, and afterwards, upon application, the court authorized the bringing of this suit by the receiver against the present defendant for the purpose of collecting certain indebtedness alleged to be due the corporation.

Prior to the appointment of the receiver the defendant, Theodore V. Logeman, was a

director in the company and was also treasurer and general manager thereof.

It appearing that the trial involved the examination of a long and intricate account, the case was referred to Karol Korngold as referee. The items were set out in detail in the petition. The referee heard the evidence and made the following report:

"The undersigned, Karol A. Korngold, having been on the 12th day of November, 1924, duly appointed by the circuit court of the city of St. Louis, Mo., referee to hear and try all the issues involved in the above-entitled cause, and to make a report of his findings (a certified copy of which appointment is hereto annexed) hereby reports as such referee as follows:

"The referee did, on the 27th day of November, 1924, take the oath prescribed by law —which said oath is annexed to this report and is herewith returned, together with certified copy of the appointment aforementioned and marked Exhibit 1.

"The referee did, on the 14th day of May, 1925, and by consent of the parties, have a hearing in said cause, at which hearing testimony was produced and at which time the parties appeared—all of which is shown by copy of transcript herewith filed.

"The referee states that the plaintiff's testimony chiefly consisted of the introduction of the books of the Logeman Manufacturing Company, together with the testimony of the bookkeeper of said company, one Mr. Edward George Wenige, who had been in the employ of the said Logeman Manufacturing Company since 1896 and whose testimony was in effect that the books of the company showed defendant herein to be indebted to the company in the sum of $6,031.77, and that said books were correct. Defendant, by his counsel, objected to the introduction of this testimony on the ground that the petition did not state a cause of action, for the reason it did not allege any conspiracy to defraud creditors, that it did not allege that the creditors in whose interest the suit was prosecuted were existing creditors at the time the money alleged to have been withdrawn was withdrawn, or that the corporation was insolvent at the time said moneys were withdrawn or was rendered so by the...