Legal Opinion

Bank of Atchison v. Durfee

Supreme Court of Missouri

Decided December 7, 1893PublishedCited by 18 opinions

Appeal from Atchison Circuit Court. — Hon. C. A.. Anthony, Judge. (1) The court erred in finding for Deitz and. Uenirim, as to the twenty-five shares of stock embraced in certificate number 28, and in refusing to enforce plaintiff’s lien thereon, for the following reasons: First.

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Appeal from Atchison Circuit Court. — Hon. C. A.. Anthony, Judge. (1) The court erred in finding for Deitz and. Uenirim, as to the twenty-five shares of stock embraced in certificate number 28, and in refusing to enforce plaintiff’s lien thereon, for the following reasons: First. Under the by-laws agreed to, adopted.and used by all the stockholders, directors and officers of the-bank, Wanschaffe among them, a lien was reserved upon all the stock for all debts of every kind, due or undue, held by the corporation against the stockholders and no stock could be transferred until such liabilities…

1Opinion of the Court

Bubgess, J,

There is no substantial difference with respect to the facts in this case, as stated by counsel for the respective parties. They are about as follows:

From about the year 1868 up to the time of the organization of the plaintiff, Durfee and Wyatt were conducting a private bank in Rockport, Atchison county, Missouri, and Wanschaffe was with them in the capacity of clerk and bookkeeper for several years prior to the organization of the plaintiff. In the latter part of the year, 1872, Durfee sold his interest in said bank to W. A. Rice. On the thirty-first day of December, 1881, a…

2Cases cited10 opinions

  1. Bank v. LanierSupreme Court of the United States · 1871
  2. Bullard v. BankSupreme Court of the United States · 1874
  3. St. Louis Perpetual Insurance v. GoodfellowSupreme Court of Missouri · 1845
  4. Moore v. Bank of CommerceSupreme Court of Missouri · 1873
  5. Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Penthouse Properties, Inc. v. 1158 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
  2. Fleming v. StateCourt of Criminal Appeals of Texas · 1911
  3. Peden Iron & Steel Co. v. JenkinsCourt of Appeals of Texas · 1918
  4. Searles v. Bar Harbor Banking & Trust Co.Supreme Judicial Court of Maine · 1929
  5. Fleming v. StateCourt of Criminal Appeals of Texas · 1911

13 more not listed; retrieve them via the Exa API.

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