Porter Oil Refining Co. v. Short

• Decision Date: 15 April 1947
• Docket Number: No. 27181.,27181.
• Citation: 201 S.W.2d 431
• Parties: PORTER OIL REFINING CO. v. SHORT.
• Court: Missouri Court of Appeals

201 S.W.2d 431

PORTER OIL REFINING CO. v. SHORT.

No. 27181.

St. Louis Court of Appeals. Missouri.

April 15, 1947.

Appeal from St. Louis Circuit Court; Charles B. Williams, Judge.

"Not to be reported in State Reports."

Action by the Porter Oil Refining Company against H. Elmer Short, to recover on a statement of account. From a judgment of the Circuit Court affirming a judgment of the Justice of the Peace Court in favor of plaintiff, the defendant appeals.

Reversed.

Dubail & Judge and Robert S. Kilker, all of St. Louis, for appellant.

Annalea Welker, Harold Kaminsky and Victor Packman, all of St. Louis (Austin T. Stickells, of St. Louis, of counsel), for respondent.

ANDERSON, Judge.

This suit was instituted in the Justice of the Peace Court, Third District, by the Porter Oil Refining Company against H. Elmer Short, by filing a statement of account, as follows:

"Demand on account, as per statement filed herewith and made a part hereof, in the sum of One Hundred Seventy Seven and 72/100 Dollars, together with interest thereon at the rate of six per cent per annum from date of demand, to-wit: December 31st, 1940, and the cost of this action.

                          O. E. Woods
                              Attorney for Plaintiff
                         Porter Oil Refining Company
                         F. C. Bretsnyder, President
                              1439 Kentucky Ave
                                St. Louis, Mo
                Martin Short Company
                6209 Gravois Ave
                St. Louis, Mo.
                          Shipped Via 7222 Dartmouth
                           Date Charges Credits Balance
                Fuel Oil   1940
                   "       Jun. 21    $ 6.63
                   "       Jun. 25      5.97
                   "       Jul. 16      8.29
                   "       Aug. 27      2.33
                   "       Sep. 30     14.32
                   "       Oct. 23     10.61
                   "       Nov.  8     13.26
                   "       Nov. 13      6.63
                   "       Nov. 20     12.40
                   "       Nov. 27     10.55
                   "       Dec.  4     14.45
                   "       Dec. 10      9.35
                   "       Dec. 18     14.45
                   "       Dec. 24     10.74
                           Dec. 31     11.21
                            1941
                   "       Jan.  6     12.14
                   "       Jan. 14     14.39             $177.72
                

The justice of the peace rendered a judgment for plaintiff, and defendant appealed to the circuit court, where the cause was tried by the court on an oral stipulation of facts, together with exhibits. The trial in the circuit court resulted in a finding and judgment for plaintiff, and from this judgment defendant has appealed to this Court.

The agreed statement of facts shows that in the Fall of 1938 Martin Short & Company, a corporation, acquired certain property, known as 7222 Dartmouth avenue, the title to which was taken in the name of H. Elmer Short and wife, as straw parties for said corporation. H. Elmer Short and wife were the record owners of said property from October 17, 1938, until February 5, 1941, when their quit-claim deed to Herman Albers was recorded. Plaintiffs were not aware of the fact that H. Elmer Short and his wife were holding title to said property as straw parties for Martin Short & Co. until after this suit was filed.

H. Elmer Short was president of Martin Short & Company from the date of its organization until its dissolution in 1940. During that period of time, he also was a stockholder and director of said company. On January 1, 1940, the corporate charter and franchise of said corporation were forfeited, for failure of said company to file its annual registration report and antitrust affidavit for the year 1939. As a member of the last board of directors, H. Elmer Short became one of the liquidating trustees of the company, and was such on April 15,...