Hays v. Citizens' Bank
Supreme Court of Kansas
Error from Sedgwick Court of Common Pleas. Replevin by W. W. Hays, as sheriff, and Sullivan & Steinmetz, against The Citizens’ Bank, of Wichita, Kas., and another. At the January term, 1889, the defendants had judgment, and plaintiffs come to this court. The facts appear in the opinion.
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Error from Sedgwick Court of Common Pleas. Replevin by W. W. Hays, as sheriff, and Sullivan & Steinmetz, against The Citizens’ Bank, of Wichita, Kas., and another. At the January term, 1889, the defendants had judgment, and plaintiffs come to this court. The facts appear in the opinion. The power of directors of an insolvent corporation to make preferences among the creditors of the corporation, and to secure their own debts, is wrong, and the courts in sustaining such power have taken an inconsistent and illogical position. See Mor. Corp., § 863; Rouse v. National Bank, 46 Ohio St. 493. That…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action of replevin, brought to recover the possession of merchandise, by the Citizens’ Bank and Richard Merkle against W. W. Hays, as sheriff, and Charles Sullivan and George Steinmetz, as attaching creditors of the Steinhauser-Merkle Supply Company. The supply company was a corporation organized under the laws of Missouri, and had been engaged in business as a wholesale grocer at Wichita, Kas., for several years prior to July, 1888. The company had a capital stock of $30,000, of which $10,-000 was originally held by Richard…
2Cases cited5 opinions
- Drury v. CrossSupreme Court of the United States · 1869
- Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
- Corbett v. WoodwardU.S. Circuit Court for the District of Oregon · 1879
- Thomas v. SweetSupreme Court of Kansas · 1887
- Bradley v. ConverseU.S. Circuit Court for the District of Massachusetts · 1876
3Cited by9 opinions
- Stuart v. LarsonCourt of Appeals for the Eighth Circuit · 1924
- Kirk v. HGP Corporation, Inc.Supreme Court of Kansas · 1972
- Chicago & Atchison Bridge Co. v. FowlerSupreme Court of Kansas · 1895
- Ingwersen Bros. v. EdgecombeNebraska Supreme Court · 1894
- Grand De Tour Plow Co. v. Rude Bros. Manufacturing Co.Supreme Court of Kansas · 1899
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