Weil v. Bank of Burr Oak
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Can a receiver appointed under an order of a court in another state, and having no other claim or right to invoke the aid of the courts of this state, sue in the courts of Missouri to recover property claimed as belonging to the state of which he is receiver where such suit involves the rights of parties other than those to the suit in which the receiver was appointed? Appellant contends that he can not.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Can a receiver appointed under an order of a court in another state, and having no other claim or right to invoke the aid of the courts of this state, sue in the courts of Missouri to recover property claimed as belonging to the state of which he is receiver where such suit involves the rights of parties other than those to the suit in which the receiver was appointed? Appellant contends that he can not. Ins. Co. v. Needles, 52 Mo. 117; Stockbridge v. Beckwith, 6 Del. Ch. 72; s. o., 33 Atl. Rep. -; Moseby v. Burrow, 52…
1Opinion of the CourtEllison, J.
D. E. Hulbert and C. D. Hulbert were doing a banking business, as partners in the state of Kansas, under the name and style of Bank of Burr Oak. Plaintiff, a resident of Nebraska, was a depositor in the bank in the sum of $800 on June 12,1893. On that day a receiver for the bank was appointed by the district court of Kansas. Afterward, oh the same day, plaintiff instituted this suit in attachment in this state and attached money and notes in the hands of the American National Bank of Kansas City, Missouri, as the property of the bank of Burr Oak. The receiver appointed in Kansas interpleaded…
2Cases cited12 opinions
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- Rhawn v. PearceIllinois Supreme Court · 1884
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