Legal Opinion

Greeley v. Provident Savings Bank

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 20 opinions

Appeal from, St. Louis City Circuit Court. — Hon. G-. W. Lubke, Judge. (1) The averments of bill gave the court no power or authority to appoint a receiver or take jurisdiction in the matter by taking the bank’s assets out of the hands of the board of directors or its trustees.

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Appeal from, St. Louis City Circuit Court. — Hon. G-. W. Lubke, Judge. (1) The averments of bill gave the court no power or authority to appoint a receiver or take jurisdiction in the matter by taking the bank’s assets out of the hands of the board of directors or its trustees. No court could, at instance of a stockholder, take a corporation out of the hands of its directors and place it in the hands of a third party on such a showing, and it was error for the court to decline to hear appellant on that question. Haines v. Carpenter, 1 Wood, 266 ; Middleton v. Bods-well, 13Yesey, Jr. 266;…

1Opinion of the CourtSherwood, P. J.

The chief question presented by this record is the allowance made to the receiver and his counsel for services rendered in settling, collecting and winding up the affairs of the Provident Savings Bank, which had become insolvent, the cashier having absconded with the funds of the bank. The receiver was appointed provisionally, July 14, 1886, and gave, in response to the order of the court, a bond in the sum of $1,000,000. In the execution of his trust, he collected the sum of $979,249.06.

The exceptor herein, some months after the provisional appointment, and after the entry of the final order…

2Cases cited1 opinion

  1. Cox v. VolkertSupreme Court of Missouri · 1885

3Cited by20 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
  3. United Cemeteries Co. v. StrotherSupreme Court of Missouri · 1938
  4. Scheufler v. Continental Life InsuranceSupreme Court of Missouri · 1943
  5. Thompson v. GreeleySupreme Court of Missouri · 1891

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