Duncan v. State National Bank
Mississippi Supreme Court
From the chancery court of Grenada county. ITon. Julian O. Wilson, Chancellor. Duncan, the appellant, was the petitioner or complainant in the court below; the State National Bank of St. Louis and others, appellees, were defendants to Duncan’s petition.
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From the chancery court of Grenada county. ITon. Julian O. Wilson, Chancellor. Duncan, the appellant, was the petitioner or complainant in the court below; the State National Bank of St. Louis and others, appellees, were defendants to Duncan’s petition. From a decree adverse to Duncan he appealed to the supreme court. [For reports of previous litigation touching or springing from the assignment involved, see Bank v. Bank, 83 Miss., 610; Duncan v. Bank, 84 Miss., 467; Gerard v. Duncan, 84 Miss., 731.] The Merchants’ Bank of Grenada made a general assignment of its property for the benefit of…
1Opinion of the CourtWihtfield, C. J.
The point decided in this case when it was here before — see Bank v. Bank, 83 Miss., 610 (35 South. Rep., 569) — was simply that these appellees, being mere general creditors, could not complain for the stockholders or the directors that the assignment had been illegally executed. We held that general creditors had no standing in court to make such an attack if the stockholders and directors all assented to the assignment. That was all that was involved in the former decision. No attack was made in that case on the assignment, treating it as having been legally executed, for fraud or anything…
2Cases cited3 opinions
- Tucker v. WilsonMississippi Supreme Court · 1891
- Conn v. S. Bernheimer & SonMississippi Supreme Court · 1889
- State National Bank v. Merchants' BankMississippi Supreme Court · 1903