Whitney v. Hanover National Bank
Mississippi Supreme Court
From the chancery court of Washington county. ITon. W. R. Trigg, Chancellor. The facts appear from the opinion. Filed a very elaborate and voluminous brief and argument, and, as to the questions passed on by the court, cited the following authorities: The appointment of a receiver in the absence of a pending suit is void. Hardy v. McClellan, 53 Miss., 507; 52 Ala., 220; 53 Cal., 553; Wait on Insolvent Corp., §§254-258; 20 Am. & Eng. Ene.
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From the chancery court of Washington county. ITon. W. R. Trigg, Chancellor. The facts appear from the opinion. Filed a very elaborate and voluminous brief and argument, and, as to the questions passed on by the court, cited the following authorities: The appointment of a receiver in the absence of a pending suit is void. Hardy v. McClellan, 53 Miss., 507; 52 Ala., 220; 53 Cal., 553; Wait on Insolvent Corp., §§254-258; 20 Am. & Eng. Ene. L., 24. The bank could, not, on its voluntary petition, have a receiver appointed. Wait on Insolvent Corp., §§ 149, 170, 183; -32 Mich., 10. A corporation…
1Opinion of the CourtCampbell, C. J.
These three cases were argued and submitted together, and will be so considered. Their history is this: The Bank of Greenville was found to be insolvent, and came to a stop on the twenty-second day of December, 1891, when the directors, headed by the president, applied, by petition, to the chancellor to take charge of the assets of the bank by appointing a receiver to collect and manage its affairs. The chancellor appointed the president of the bank receiver, and, on his application, enjoined all persons from proceeding-by suit against it. The receiver appointed entered upon his duties as…
2Cases cited2 opinions
- Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
- Goodman v. WinterSupreme Court of Alabama · 1879
3Cited by18 opinions
- Tillotson v. AndersMississippi Supreme Court · 1989
- Hawkins v. Scottish Union & National Ins.Mississippi Supreme Court · 1915
- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
- State v. Union National BankIndiana Supreme Court · 1896
- City of Parsons v. Parsons Water Supply & Power Co.Supreme Court of Kansas · 1919
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