Benjamin v. Staples
Mississippi Supreme Court
From the chancery court of Jackson county. TIon. Ti-iaddeus A. Wood, Chancellor. Mrs. Benjamin, appellant, was complainant in the court be'low, and Staples, receiver of the Scranton State Bank, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. The opinion of the court states the facts.
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From the chancery court of Jackson county. TIon. Ti-iaddeus A. Wood, Chancellor. Mrs. Benjamin, appellant, was complainant in the court be'low, and Staples, receiver of the Scranton State Bank, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. The opinion of the court states the facts. The appointment of the receiver, being without authority of law, was void; first, because the creditors asking his appointment neither obtained a judgment- nor held any specific lien of any sort on the property asked to be placed in the receiver’s…
1Opinion of the CourtCalhoon, J.
On July 25,1906, pending the operation of the Code of 1892, the Scranton State Bank was hopelessly insolvent, and sus*513pended its business, and closed its doors, and was, until tbe beginning of the proceedings about to be mentioned, in the hands-of its directors and managers. It is charged that the fraudulent, conduct of these persons had put it in that condition. At 11:30 o’clock of the morning of the 27th of that month certain depositors and creditors of that bank filed their bill against the bank, averring its insolvency and charging the fraud and mismanagement which caused it, and praying…
2Cases cited2 opinions
- Whitney v. Hanover National BankMississippi Supreme Court · 1894
- Meridian National Bank v. Hoyt & Bros.Mississippi Supreme Court · 1896
3Cited by3 opinions
- Brent v. B. E. Brister Sawmill Co.Mississippi Supreme Court · 1912
- Murray v. MillerSupreme Court of Georgia · 1923
- Hyman Mercantile Co. v. KierskyMississippi Supreme Court · 1940