Atlas National Bank v. John Moran Packing Co.
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) When the assets of a corporation become impressed with the character of a trust fund for the benefit of its creditors, they should be administered for the equal benefit of all of its creditors, and a simple contract creditor of such corporation may maintain an action in equity, with respect to the administration of such assets. Such assets can not be reached by attachment or other legal remedy.
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Error to Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) When the assets of a corporation become impressed with the character of a trust fund for the benefit of its creditors, they should be administered for the equal benefit of all of its creditors, and a simple contract creditor of such corporation may maintain an action in equity, with respect to the administration of such assets. Such assets can not be reached by attachment or other legal remedy. Foster v. Mullanphy Planing Mill Go., 92 Mo. 90; Kankakee Woolen Mill Co. v. Kampe, 38 Mo. App. 229; White v. University, etc., 49 Mo.…
1Opinion of the CourtBurgess, J.
This action was begun in the circuit court of Buchanan county on the fifteenth day of March, 1895, by the Atlas National Bank, a national bank then doing business in the city of Chicago, as plaintiff, against John Moran Packing Company, John Moran, State National Bank, Charles B. France, John Dono*63van, Jr., and the St. Joseph Stock Yards and Terminal Company, as defendants.
Omitting the caption, the petition is as follows:
“Plaintiff, for cause of action, states that at all times hereinafter mentioned it has been, and now is, a corporation doing business as a national bank under,, and by virtue…
2Cases cited13 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Terry v. AndersonSupreme Court of the United States · 1877
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Reyburn v. MitchellSupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. WilliamsSupreme Court of Missouri · 1925
- Coleman v. HageySupreme Court of Missouri · 1913
- Davidson v. DockerySupreme Court of Missouri · 1904
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
5 more not listed; retrieve them via the Exa API.