Williams v. Jackson County Patrons of Husbandry
Missouri Court of Appeals
Ebbob to Jackson Circuit Court, Hon. E. M. Black, Judge. Statement of case by the court. The petition in this case is as follows : “Plaintiffs •state that they are now, and were, at and prior to the dates herein mentioned, husband and wife, and that the •defendant, the Jackson County Co-operative Association of the Patrons of Husbandry is now, and was at and prior to the time herein stated, a private business corporation, duly created and organized under and by virtue •of…
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Ebbob to Jackson Circuit Court, Hon. E. M. Black, Judge. Statement of case by the court. The petition in this case is as follows : “Plaintiffs •state that they are now, and were, at and prior to the dates herein mentioned, husband and wife, and that the •defendant, the Jackson County Co-operative Association of the Patrons of Husbandry is now, and was at and prior to the time herein stated, a private business corporation, duly created and organized under and by virtue •of the laws of the state of Missouri, a,nd engaged in the business of buying and selling goods, wares, merchandise, produce,…
1Opinion of the CourtPhilips, P. J.
The question to be answered on this record is, can a managing director and stockholder in an insolvent corporation, after it is ascertained and officially declared by its managing board to be insolvent, and they resolve to wind up its affairs with a view of discharging its debts, as far as they may, be preferred as a creditor to the exclusion of other creditors of the concern? The trial court answered this question in the affirmative.
It may be conceded that the recognized doctrine is, that a stockholder and director may contract with; and make loans to, the corporation, of which he is a…
2Cases cited14 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Drury v. CrossSupreme Court of the United States · 1869
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- Roan v. WinnSupreme Court of Missouri · 1887
- Sutton Manuf'g Co. v. HutchinsonCourt of Appeals for the Seventh Circuit · 1894
- Jacobs v. ColcordSupreme Court of Oklahoma · 1929
- W. P. Noble Mercantile Co. v. Mount Pleasant Equitable Co-operative InstitutionUtah Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.