Stephens v. Overstolz
U.S. Circuit Court for the District of Eastern Missouri
At Law. On demurrer to petition. Action by Lon Y. Stephens, receiver of the Fifth National Bank of St. Louis, against Phillipine Overstolz, executrix of Henry Overstolz, deceased.
1Opinion of the Court
Miller, Justice,
(orally.) The main question in this case, which it would seem lo be necessary to determine at this time, is the question whether the fight of action stated in the petition in favor of the receiver is one that has abated by the death of the director who committed the wrongful acts charged, or is a right of action that survives against the executrix of the deceased. The argument is that the statute under which the suit is brought is a penal statute, and imposes a punishment; that the demand sued for is a penalt}; and that it is of that character that the right to recover it…
2Cited by22 opinions
- Hughes v. ReedCourt of Appeals for the Tenth Circuit · 1931
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- Reimer v. CommissionerUnited States Tax Court · 1949
- Wogahn v. StevensWisconsin Supreme Court · 1940
- Allen v. LukeU.S. Circuit Court for the District of Massachusetts · 1908
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