Legal Opinion

Lindell v. Benton

Supreme Court of Missouri

Decided May 15, 1840PublishedCited by 4 opinions

Error to the circuit court of St. Louis county. On the reasons assigned on behalf of the garnishees in support of their motion, the plaintiff shows: 1. The record shows there was such a corporation, and the law recognizes it, Rev. Code of 1825, p. 164,175. Its existence continued under the law till 1st February, 1838. id. 174, secs. 18, 30, 16. Angel and Ames on corporations, p. 406, 510. 2. The corporation, then, holding property, and being a creditor, the object of the…

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Error to the circuit court of St. Louis county. On the reasons assigned on behalf of the garnishees in support of their motion, the plaintiff shows: 1. The record shows there was such a corporation, and the law recognizes it, Rev. Code of 1825, p. 164,175. Its existence continued under the law till 1st February, 1838. id. 174, secs. 18, 30, 16. Angel and Ames on corporations, p. 406, 510. 2. The corporation, then, holding property, and being a creditor, the object of the issuing of the attachment is to reach this property, or debts due to it, which any creditor of the corporation may do. Rev.…

1Opinion of the Court

Opinion of the Court delivered hy

Tompkins Judge.

This is a proceeding, instituted in the circuit court of St. Louis county, by Lindell against the president, directora and company of the Bank of Missouri. The plaintiff, Lindell, obtained a judgment against the Bank, but not being able to make the money on execution, he caused an attachment to be issued on the 18th day of July, in the year 1837, which was returned, “executed by summoning Thomas II. Benton and George H. Kennedy, as garnishees, fo answer such interrogatories as might be exhibited against them by the plaintiff, touching their…

2Cited by4 opinions

  1. Receiver v. StantonTexas Supreme Court · 1894
  2. Evans v. Interstate Rapid Transit Railway Co.Supreme Court of Missouri · 1891
  3. Welch v. Ste. GenevieveU.S. Circuit Court for the District of Missouri · 1871
  4. Kimball v. Grafton BankSuperior Court of New Hampshire · 1850

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