# Booth v. Scott

> Supreme Court of Missouri · September 16, 1918 · 276 Mo. 1

URL: https://www.frixlaw.com/law-library/cases/8019891

## Case

- **Full name:** IDA B. W. BOOTH v. S. W. SCOTT
- **Court:** Supreme Court of Missouri
- **Decided:** September 16, 1918
- **Citations:** 276 Mo. 1; 205 S.W. 633; 1918 Mo. LEXIS 102
- **Precedential status:** Published
- **Opinion:** Concurrence by Blair
- **Judges:** Bailey, Blair, Bond, Brown, Graves, Paragraphs
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8019891

## Opinion text

BLAIR, J.
(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 *42 guaranteed or simply promised.” [Feld v. Roanoke Investment Co., 123 Mo. l. c. 620.]
. In the remainder of the opinion and the result,
I
concur.
Graves, J., concurs in this.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8019891. Public record. Not legal advice.