Warner v. Imbeau
Supreme Court of Kansas
Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT. On and prior to December 5, 1896, the Baxter Bank was a banking corporation. On that date the bank commissioner took charge, and on December 23, R. H. Sands was appointed receiver.
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Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT. On and prior to December 5, 1896, the Baxter Bank was a banking corporation. On that date the bank commissioner took charge, and on December 23, R. H. Sands was appointed receiver. On January 2, 1897, the defendant in error, Louie Imbeau, commenced an action against the bank before C. B. Berry, a justice of the peace, to recover $300 which he had deposited in the bank in November, upon, as he claims, representations of the bank that it was solvent, alleging that, in fact, it was insolvent at that time. The return of the…
1Opinion of the Court
*419The opinion of the court was delivered b>
Ellis, J. :
The claim that section 26, chapter 43, Laws of 1891 (Gen. Stat. 1897, ch. 18, §47), inhibits-the bringing of an action against a bank after the appointment of a receiver to wind up its affairs, is untenable. The general rule is that so long as the corporation over which a receiver has been appointed has not been dissolved, and no order of injunction exists restraining suits against it,, it may be sued and defend in its own name. (20 A. & E. Encycl. of L. 254, and cases cited under subtitle “Corporations”; High, Rec. §258; St. Jos. & D. C.…
2Cases cited6 opinions
- St. Joseph & Denver City Railroad v. SmithSupreme Court of Kansas · 1877
- Sleeper v. NorrisSupreme Court of Kansas · 1898
- United States National Bank v. MagnusonSupreme Court of Kansas · 1897
- Voight v. DreggeMichigan Supreme Court · 1893
- Hill v. GordonUnited States Circuit Court for the Northern District of Florida · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. First State BankSupreme Court of Kansas · 1908