Troll v. Third National Bank
Supreme Court of Missouri
Appeal from St. Louis, City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Stock in a corporation are assets in the State where the corporation is domiciled and does business. Jellnick v. Huron Copper Mining Co., 177 U. S. 1; Richardson v. Busch, 198 Mo. 186. (2) The real situs of assets is where the debtor resides and the assets are located.
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Appeal from St. Louis, City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Stock in a corporation are assets in the State where the corporation is domiciled and does business. Jellnick v. Huron Copper Mining Co., 177 U. S. 1; Richardson v. Busch, 198 Mo. 186. (2) The real situs of assets is where the debtor resides and the assets are located. McCarty v. Hall, 13 Mo. 480; In re Ames & Company, 52 Mo. 293. (3) The fact that the stock in controversy is that of a national bank makes no difference. A national bank is organized under the act. of Congress, but its domicile and habitation is in…
1Opinion of the CourtGraves, J.
The trial court sustained a demurrer to plaintiff’s petition. Both petition and demurrer are short, but they go to the vitals of the case, and are material. The petition reads:
“Plaintiff states that he is, and at all the times hereinafter stated,'was the duly elected and qualified Public Administrator of the City of St. Louis; that the defendant is,,-and at all the times hereafter stated, was a cor*78poration duly organized under the acts of Congress of the United States as a national bank, having its domicile and residence and principal place of business in the City of St. Louis, and authorized…
2Cases cited6 opinions
- Richardson v. BuschSupreme Court of Missouri · 1906
- Leeper v. TaylorSupreme Court of Missouri · 1892
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Dunn v. German-American BankSupreme Court of Missouri · 1891
- American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Buder v. BeckerCourt of Appeals for the Eighth Circuit · 1950
- Odom v. LangstonSupreme Court of Missouri · 1943
- Martin v. Ray County Coal Co.Supreme Court of Missouri · 1921
- Hibbard v. ThompsonSupreme Court of Missouri · 1927
- Lohman v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1930
6 more not listed; retrieve them via the Exa API.