Asher v. West End Bank

* NOTE: Opinion filed at May Term, 1939, July 7, 1939; motion for rehearing, and motion to transfer to Court en Banc filed; motions overruled at September Term, September 12, 1939. These two cases involve the same issues and a decision in one will dispose of the other. We will discuss the Asher suit. Asher, as plaintiff, filed a bill in equity against appellants, defendants below, wherein he sought to have a claim allowed in the sum of $11,083.33 against the assets of the defunct West End Bank, located in St. Louis County, Missouri. Plaintiff also asked the court to enjoin the foreclosure of…