State ex rel. Barker v. Sage
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. N. M. Pettmgill, Judge. (1) The Sage Banking Company was and is, under the laws of Missouri, a corporation, or corporate or artificial entity, separate and apart from D. H. Sage, individually, its organizer, and its assets, therefore, are not, and cannot be, affected by, nor subjected to, any proceeding in bankruptcy in and by any Federal courts. Sec. 11, art. 12, Mo.
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Appeal from Clark Circuit Court. — Hon. N. M. Pettmgill, Judge. (1) The Sage Banking Company was and is, under the laws of Missouri, a corporation, or corporate or artificial entity, separate and apart from D. H. Sage, individually, its organizer, and its assets, therefore, are not, and cannot be, affected by, nor subjected to, any proceeding in bankruptcy in and by any Federal courts. Sec. 11, art. 12, Mo. Constitution; Sec. 2963, R. S. 1909; Section 1, Clause 6, Bankruptcy Act, Collier on Bankruptcy, p. 2; Secs. 1117-1119, 1095, 1081, 1088, R. S. 1909; Clark & Marshall on Private…
1Opinion of the CourtWoodson, C. J.
This suit was instituted in the circuit court of Clark County, under the banking laws of this State, to determine the priority of the rights of the depositors and other creditors of the Sage Banking Company, of Alexandria, Missouri, a private bank, duly organized under the laws of this State, to the assets thereof, to the rights of the general creditors of D. H. Sage, the owner of the bank, who is a bankrupt.
The facts, in so far as this case is concerned, are briefly as follows:
On December 31, 1910, D. H. Sage subscribed and swore to, and acknowledged, the regular application or form for…
2Cases cited2 opinions
- Gupton v. CarrMissouri Court of Appeals · 1910
- State ex rel. Baskett v. WoodsonSupreme Court of Missouri · 1901
3Cited by3 opinions
- Missouri v. AngleCourt of Appeals for the Eighth Circuit · 1916
- State Ex Rel. Butte Fruit & Produce Co. v. District CourtMontana Supreme Court · 1926
- Jones v. JonesMissouri Court of Appeals · 1983