Legal Opinion

Alexander v. Relfe

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 37 opinions

Appeal from St. Louis Court of Appeals. This was a suit brought by Lazelle E. Alexander, as receiver of the Columbia Life Insurance Company, an insolvent corporation, against the Life Association of America, against Henry W. Hough and twelve other persons constituting the board of directors of that association, and against Geo. J. Davis.

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Appeal from St. Louis Court of Appeals. This was a suit brought by Lazelle E. Alexander, as receiver of the Columbia Life Insurance Company, an insolvent corporation, against the Life Association of America, against Henry W. Hough and twelve other persons constituting the board of directors of that association, and against Geo. J. Davis. Alexander held his appointment as receiver under a decree of the St. Louis circuit court rendered in a proceeding brought against the Columbia Life Insurance Company by the Superintendent of the Insurance Department of Missouri. This decree, after enjoining…

1Opinion of the Court

I

Sherwood, C. J.

The right of the receiver to maim tain this proceeding in his own name, is established by the recent case of Gill v. Balis, 72 Mo. 424, and the decree-made under the authority of section 41 of the insurance-act is sufficiently comprehensive for th,e present purpose. The receiver, in instances such as this, represents both the creditors and stockholders, and is to be regarded as the trustee for them. High on Rec., § 314. He cannot, it is true, overthrow any valid act of the corporation which he represents; but when acts have been done in fraud of the rights of creditors, he may…

2Cases cited5 opinions

  1. New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
  2. Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
  3. Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
  4. Sweet v. MaupinSupreme Court of Missouri · 1877
  5. Gill v. BalisSupreme Court of Missouri · 1880

3Cited by37 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
  3. Republic Life Insurance v. SwigertIllinois Supreme Court · 1890
  4. State Ex Rel. Leonardi v. SherrySupreme Court of Missouri · 2004
  5. State v. NolandSupreme Court of Missouri · 1892

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