Jones v. Harris
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; JoJm E. Martineau, Chancellor; 1. Appellants were exercising a lawful right, in the manner prescribed by statute, and neither the receiver nor Gibbs had any right to complain. Kirby’s Digest, § § 848, 859; 82 Ark. 242, The receiver had no right to sue Gibbs. Plis liability is statutory. It belongs to the creditors, the depositors.
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Appeal from Pulaski Chancery Court; JoJm E. Martineau, Chancellor; 1. Appellants were exercising a lawful right, in the manner prescribed by statute, and neither the receiver nor Gibbs had any right to complain. Kirby’s Digest, § § 848, 859; 82 Ark. 242, The receiver had no right to sue Gibbs. Plis liability is statutory. It belongs to the creditors, the depositors. It is not an-asset of the bank, and therefore did not pass to the receiver (Kirby’s Digest, § 950), and the receiver had no interest in it; and the receiver had no more right to bring suit to restrain depositors from suing Gibbs…
1Opinion of the CourtMcCulloch, C. J.
The assets of the Capital City Savings Bank, a domestic corporation engaged in the banking business, were, by the Pulaski Chancery Court, placed in the hands of a receiver, at the instance of a creditor in a suit brought against the corporation, wherein it is alleged to be insolvent. M. W. Gibbs, one of the appellees, was president of the corporation, and both he and the secretary failed to make and file the annual certificate showing the condition of the affairs of the corporation, as required by the statute (Kirby’s Digest, § 848) ; and many of the unpaid creditors of- the bank instituted…
2Cases cited10 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Stuckman v. RooseIndiana Supreme Court · 1897
- Sickels v. HeroldNew York Court of Common Pleas · 1895
- Bank of Fayetteville v. LorweinSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- McDonald v. MuellerSupreme Court of Arkansas · 1916
- Talley v. StateSupreme Court of Arkansas · 1915
- Barton v. MatthewsSupreme Court of Arkansas · 1919
- Bailey v. O'NealSupreme Court of Arkansas · 1909
10 more not listed; retrieve them via the Exa API.