Legal Opinion

Brown v. Daugherty

U.S. Circuit Court for the District of Missouri

Decided February 10, 1903No. 3PublishedCited by 14 opinions

This is an action by the plaintiff to recover from the defendants, as trustees of the Bank of Carterville, the sum of $4,000, alleged to have been deposited to the plaintiff’s credit in said bank in June, 1895. The petition alleges that in April, 1897, said bank, a Missouri corporation, by resolution of its stockholders, went into voluntary liquidation, and was thereby dissolved; that at the time of said dissolution the defendant Daugherty was president, and the other…

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This is an action by the plaintiff to recover from the defendants, as trustees of the Bank of Carterville, the sum of $4,000, alleged to have been deposited to the plaintiff’s credit in said bank in June, 1895. The petition alleges that in April, 1897, said bank, a Missouri corporation, by resolution of its stockholders, went into voluntary liquidation, and was thereby dissolved; that at the time of said dissolution the defendant Daugherty was president, and the other defendants were directors, of said corporation, and were the exclusive managers thereof; and that at the time of the…

1Opinion of the Court

PHILIPS, District Judge.

That the $4,000 deposited by Joseph Brown in the Bank of Carterville was the money of the plaintiff, .the court is well satisfied. The plaintiff was a widow at the time of her marriage with Joseph Brown. She inherited from her first husband a small farm and some personal property situate in the state of Kansas, where she then resided. Joseph Brown at the time of his marriage to the plaintiff was practically impecunious. His only estate, according to his testimony, consisted in a claim to some land which he had entered in Kansas, which he sold, shortly after his…

2Cases cited19 opinions

  1. Noble v. BlountSupreme Court of Missouri · 1883
  2. McLaren v. HallSupreme Court of Iowa · 1868
  3. Spurlock v. SprouleSupreme Court of Missouri · 1880
  4. Long v. MartinSupreme Court of Missouri · 1899
  5. Wade v. HardySupreme Court of Missouri · 1882

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3Cited by14 opinions

  1. Cowokochee v. ChapmanSupreme Court of Oklahoma · 1922
  2. First National Bank v. ConnollyOregon Supreme Court · 1942
  3. Gillette v. Liberty Nat. Bank of TulsaSupreme Court of Oklahoma · 1923
  4. American Lumber Sales Co. v. Fidelity Trust Co.Supreme Judicial Court of Maine · 1928
  5. Kenneth Investment Co. v. National Bank of the Republic of St. LouisMissouri Court of Appeals · 1903

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