Legal Opinion

Larrabee v. Franklin Bank

Supreme Court of Missouri

Decided March 14, 1893PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court.—Hon. J. E. Withrow, Judge. (1) It is a well settled rule in this state that a preference of a bona fide creditor by an insolvent debtor is lawful and valid, and a corporation debtor has hitherto not been excepted from this rule.

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Appeal from St. Louis City Circuit Court.—Hon. J. E. Withrow, Judge. (1) It is a well settled rule in this state that a preference of a bona fide creditor by an insolvent debtor is lawful and valid, and a corporation debtor has hitherto not been excepted from this rule. Foster v. Planing Mill, 93 Mo. 79; Shelly v. Boothe, 73 Mo. 74; Dougherty v. Cooper, 77 Mo. 528. (2) The recent theory that an insolvent corporation which contemplates an abandonment of its business cannot lawfully prefer a bona fide creditor is not based upon sound reasoning and should, if at all deemed an advisable…

1Opinion of the Court

Buegess J.

This is a suit in equity in the nature of a creditor’s bill by three creditors of the Kendail-*596Boyce Cracker Company, joined as plaintiffs, against tho Franklin bank, the Kendall-Bayle Cracker Company, its officers and directors-, and P. R. Flitcraft, as assignee of the Kendall-Bayle Cracker Company, for the benefit of its creditors. The defense consists mainly in a denial of the allegations and charges of the bill.

The Kendall-Bayle Cracker Company was a corporation engaged in the manufacture and sale of crackers in the city of St. Louis. The stock of the company was full paid, and…

2Cases cited15 opinions

  1. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  2. Preston v. SpauldingIllinois Supreme Court · 1887
  3. Wakeman v. GroverNew York Court of Chancery · 1832
  4. White v. CotzhausenSupreme Court of the United States · 1889
  5. Shelley v. BootheSupreme Court of Missouri · 1880

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3Cited by6 opinions

  1. Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
  2. Jaffrey v. MathewsSupreme Court of Missouri · 1894
  3. Meyer v. American Folding Chair Co.Supreme Court of Missouri · 1895
  4. Calihan v. PowersSupreme Court of Missouri · 1896
  5. Splint v. SullivanMissouri Court of Appeals · 1894

1 more not listed; retrieve them via the Exa API.

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