Legal Opinion

Industrial Mutual Deposit Co.'s Deceiver v. Taylor

Court of Appeals of Kentucky

Decided October 26, 1904PublishedCited by 3 opinions

Case 113 — Action by the Receiver of the Industrial Mutual Deposit Company against A. P. Taylor, to Recover Money Paid Preferentially in Contemplation of Insolvency. APPEAL FROM FAYETTE CIRCUIT CO CRT — WATTS PARKER, CIRCUIT JUDGE.

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Case 113 — Action by the Receiver of the Industrial Mutual Deposit Company against A. P. Taylor, to Recover Money Paid Preferentially in Contemplation of Insolvency. APPEAL FROM FAYETTE CIRCUIT CO CRT — WATTS PARKER, CIRCUIT JUDGE. Our contention is that the receiver of this corporation not only represents the corporation from which he derives his title, hut under the allegations of the petition he is made the representatives of the creditors of the concern, the trustee of its assets, and as such he is entitled to sue for and recover all moneys illegally and fraudulently misapplied or…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Reversing.

Appellant’s petition was dismissed on demurrer. He alleged that he had been appointed and qualified as receiver of the Industrial Mutual Deposit Company in an equitable action pending in the Fayette circuit court, and by order of that court directed to sue to recover all money and property belonging to the corporation, or which it had paid out during the past six months. It was alleged that the cor poration was insolvent at the time of the appointment of the receiver, and had been for six months prior. The nature of the action in which the receiver…

2Cases cited7 opinions

  1. Mandeville v. . AveryNew York Court of Appeals · 1891
  2. Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
  3. National State Bank v. Vigo County National BankIndiana Supreme Court · 1895
  4. Porter v. . Williams and ClarkNew York Court of Appeals · 1853
  5. Leavitt v. . PalmerNew York Court of Appeals · 1849

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

3Cited by3 opinions

  1. Cheatham v. Tennell's AssigneeCourt of Appeals of Kentucky · 1916
  2. Deitrick v. Standard Surety & Casualty Co.Supreme Court of the United States · 1938
  3. Deitrick v. Standard Surety & Casualty Co.Supreme Court of the United States · 1938

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