Adam Roth Grocery Co. v. Hotel Monticello Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Williams, Judge. (1) A court of equity in this case has the power and jurisdiction to take charge of the assets of an insolvent corporation and distribute them ratably amongst its creditors upon a showing that the officers and agents of such a corporation, in charge of its assets, are wasting and dissipating the same, and even though this is in the nature of a creditor’s bill, yet such relief will be granted at the…
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Appeal from St. Louis City Circuit Court. — Eon. Geo. E. Williams, Judge. (1) A court of equity in this case has the power and jurisdiction to take charge of the assets of an insolvent corporation and distribute them ratably amongst its creditors upon a showing that the officers and agents of such a corporation, in charge of its assets, are wasting and dissipating the same, and even though this is in the nature of a creditor’s bill, yet such relief will be granted at the instance of a general creditor without him first having reduced his claim to a judgment and exhausted his remedy at laAV.…
1Opinion of the CourtGoode, J.
(after stating the facts). — In the joinder of parties defendant and allegations and varieties of relief prayed, the petition appears to be multifarious and an objection on that score was lodged against it, but only in the answers. We think of but one contingency in which Taylor would have been a proper co-defendant with the officers of the Monticello Company to a bill charging said officers with having wasted and misappropriated the assets of the company. That contingency was a confederacy of the officers to misappropriate its assets and the execution of the deed of trust to Taylor to…
2Cases cited8 opinions
- Alberger v. National Bank of CommerceSupreme Court of Missouri · 1894
- Meeker v. StraatMissouri Court of Appeals · 1889
- Burnham, Munger & Co. v. SmithMissouri Court of Appeals · 1899
- Lionberger v. Broadway Savings BankMissouri Court of Appeals · 1881
- White v. University Land Co.Missouri Court of Appeals · 1892
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3Cited by1 opinion
- Adam Roth Grocery Co. v. Hotel Monticello Co.Missouri Court of Appeals · 1914