Roan v. Winn
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas. — Hon. Gr. H. Burokharrt, Judge. (1) The capital stock of a bank includes its money and property, and is a trust fund for all creditors who may do business with such bank. See Angelí and Ames on Corp., sec. 600 ;.Tkomp. on Liability of Stockholders. The decisions of all the states are uniform on this question, and have been in American courts since 1824, when the law was first declared by Chief Justice Story.
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Appeal from Moberly Court of Common Pleas. — Hon. Gr. H. Burokharrt, Judge. (1) The capital stock of a bank includes its money and property, and is a trust fund for all creditors who may do business with such bank. See Angelí and Ames on Corp., sec. 600 ;.Tkomp. on Liability of Stockholders. The decisions of all the states are uniform on this question, and have been in American courts since 1824, when the law was first declared by Chief Justice Story. (2) Winn having been a stockholder and director of said bank from its organization, and was such in 1880, when the transfers of said property…
1Opinion of the CourtNorton, C. J.
It is substantially alleged by the petition in this case, that the Mac'on Savings Bank, on the sixteenth day of February, 1882, made an assignment for the benefit of its creditors, to the defendant, Web. M. Rubey; that, at the time of the failure and assignment by the said bank, the> bank was indebted to the plaintiff in the sum of $1,333.78; that, previous to said assignment, on the eleventh day of February, and on the second day of March, 1880, said bank conveyed by deed to defendant, Winn, two parcels of land, the property of said bank, in consideration of said Winn (who was then, and had…
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