Cummings v. Winn
Supreme Court of Missouri
Appeal from Knox Circuit Court. — IIon. Ben. E Turner, Judge. It is conceded that for any acts of nonfeasance or breach of duty by the bank officer toward the corporation, the right of action goes to the assignee by the deed of assignment, and although a creditor may have been injured, his injury is common to all the creditors; but it is insisted that for positive acts of intentional fraud and misfeasance, such as stated in the' petition, and by and through which an…
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Appeal from Knox Circuit Court. — IIon. Ben. E Turner, Judge. It is conceded that for any acts of nonfeasance or breach of duty by the bank officer toward the corporation, the right of action goes to the assignee by the deed of assignment, and although a creditor may have been injured, his injury is common to all the creditors; but it is insisted that for positive acts of intentional fraud and misfeasance, such as stated in the' petition, and by and through which an individual has sustained injury, the injured party has his individual action against-the guilty agent, for his damages.…
1Opinion of the CourtHenry, C. J.
The plaintiff alleged in his petition, that, in 1873, the Macon Savings Bank, at Macon, Missouri, was incorporated as a banking institution, and conducted a banking- business, until February, 1882. That defendant, was, from the date of its incorporation, to February, 1882, a director and managing officer of' said bank. That said bank was insolvent, from 1874, continuously to the date of its suspension, fifteenth of February, 1882. That defendant knew that said bank was all that time insolvent, and that its assets were being mismanaged, wasted and made way with.
That said bank, at no time had…
2Cases cited2 opinions
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Householder v. City of KansasSupreme Court of Missouri · 1884
3Cited by11 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Crouch v. GrayTennessee Supreme Court · 1926
- American Radiator Co. v. KinnearWashington Supreme Court · 1909
- Eads v. OrcuttMissouri Court of Appeals · 1899
- Ellett v. NewlandSupreme Court of Louisiana · 1931
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