Avery v. Central Bank
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. The relief that Sallie M. Thayer is asking for in her petition is that the court leave the Sponables in the position that J. W. Sponable placed them, that is, that as he colluded and agreed with Thayer that this money should be taken out of the bank and appropriated by them in the manner shown in evidence, his sons, Fred T. and Frank, should not be paid a second time for such wrongful appropriation.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. The relief that Sallie M. Thayer is asking for in her petition is that the court leave the Sponables in the position that J. W. Sponable placed them, that is, that as he colluded and agreed with Thayer that this money should be taken out of the bank and appropriated by them in the manner shown in evidence, his sons, Fred T. and Frank, should not be paid a second time for such wrongful appropriation. The intervening petition asks that the amount of funds in the hands of the receiver going to the Sponables as stockholders out of…
1Opinion of the CourtLamm, P. J.
The Central Bank of Kansas City went into voluntary liquidation in 1891. Subsequently (while in process of winding up) its affairs were lifted from the hands of its officers and put in charge of Strother, receiver, in the suit of D. A. Avery et al. v. Central Bank et al. Geo. E. Thayer was elected cashier of the bank in 1888, was acting in that capacity when the bank closed its doors and afterwards had charge of its assets and business until said receivership. Presently Strother and the bank brought suit against Thayer, the object being to recover sundry items of the bank’s funds wrongfully…
2Cases cited4 opinions
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- Brown v. DeYoungIllinois Supreme Court · 1897
- Central Bank v. ThayerSupreme Court of Missouri · 1904
- Ferguson v. SmithNew York Court of Chancery · 1816
3Cited by14 opinions
- Keenan v. EshlemanSupreme Court of Delaware · 1938
- State Ex Rel. McClure v. DinwiddieSupreme Court of Missouri · 1948
- Milgram v. Jiffy Equipment Co.Supreme Court of Missouri · 1952
- Eshleman v. KeenanCourt of Chancery of Delaware · 1937
- Ohio Valley Bank v. Greenebaum Sons Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1926
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