Wheelock v. Kost
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was a creditors’ bill, filed by Elias Kost and others, creditors of the First National Bank of Decatur, against Otis L. Wheelock and others, stockholders of such bank. The opinion of the court states the material facts of the case. Otis L. Wheelock alone appealed from the decree below. .
1Opinion of the CourtJustice Scott
This bill was to compel parties, alleged to be stockholders in the First National B^ank of Decatur, to pay certain judgments previously obtained against the bank. On the 16th day of February, 1870, the bank ceased to do a general banking business, and, it is alleged, it became insolvent. Executions, issued on the several judgments obtained by the creditors of the bank, were returned nulla bona.
Whether appellant was a stockholder in the bank at the date it ceased to do business and became insolvent, is a question that lies at the foundation of the relief sought, and must be first determined.
Bri…
2Cases cited2 opinions
- Pollard v. BaileySupreme Court of the United States · 1874
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
3Cited by19 opinions
- National Bank v. CaseSupreme Court of the United States · 1879
- Pullman v. UptonSupreme Court of the United States · 1878
- In re the Election of Directors of the Argus Printing Co.North Dakota Supreme Court · 1891
- Welles v. LarrabeeU.S. Circuit Court for the District of Northern Iowa · 1888
- Hirsch v. NortonIndiana Supreme Court · 1888
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